Champa Deka v. Sumit Sattawan and Anr

ORDER Date : 19-01-2024 Heard Mr. I. Haque, learned counsel for the petitioner. Page No. 2/2 The petitioner had earlier preferred a contempt petition, Contempt Case (C) No. 714/2023 alleging non-compliance of the direction given in an order dated 11.08.2023 passed in a writ petition, WP(C) No. 7851/2022. The said contempt petition, Contempt Case (C) No. 714/2023 was allowed to be withdrawn as the petitioner, at that point of time, had impleaded the previous District Commissioner, Kamrup (Metro) as a party-respondent. As the present incumbent District Commissioner, Kamrup (Metro) was not made a party-respondent in Contempt Case (C) No. 714/2023, the petitioner was allowed to withdraw the contempt petition with a liberty to file afresh, by an Order dated 08.01.2024. After withdrawal of the said contempt petition, the petitioner ought to have brought the Order dated 11.08.2023 (supra) to the notice of the present incumbent District Commissioner, Kamrup (Metro), who has joined in the recently as it was brought to his notice. The petitioner herein has annexed a representation dated

16.08.2023, submitted before the previous District Commissioner, who had already been transferred. On 16.08.2023, the present incumbent Commissioner was not in office. Thus, it clearly transpires that the Order dated 11.08.2023 has not been brought to the notice of the present incumbent District Commissioner, Kamrup (Metro), who has been impleaded as party-respondent no. 1 in the present contempt petition. In such view of the matter, the Court is not inclined to entertain this contempt petition. Accordingly, same stands closed. Liberty, however, stands reserved to the petitioner to file afresh after due compliance of the formalities.

JUDGE Comparing Assistant

Page No. 1/2 GAHC010007162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/36/2024 CHAMPA DEKA D/O- LATE KUHURAM DEKA, R/O- VILLAGE TOPATOLI (PART), P.S- KHETRI, DIST- KAMRUP (M), ASSAM VERSUS SUMIT SATTAWAN AND ANR IAS, DISTRICT COMMISSIONER , KAMRUP (M), LICHUBAGAN, HENGRABARI, GUWAHATI, PIN-781036 2:PRIYANSHU BHARADWAJ ACS THE ADDITIONAL DISTRICT COMMISSIONER OF KAMRUP (M) CUM INCHARGE OF LAND ACQUISITION BRANCH OFFICE ADDRESS- LICHUBAGAN HENGRABARI GUWAHATI PIN-78103 Advocate for the Petitioner : MR I HAQUE Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY