Sachin Kumar Sharma v. Amar Jyoti Barthakur and Anr

O R D E R

09.08.2024

Heard Mr. G. Rahul, the learned counsel appearing on behalf of the petitioner and Mr. D. Das, the learned counsel appearing on behalf of the respondents.

¶2The instant Contempt Application has been filed alleging willful and deliberate violation to the order dated 02.11.2022 passed in WP(C) No.2354/2021.

¶3This Court duly takes note of the order dated 02.11.2022 wherein there was a direction passed to the Biswanath Chariali Municipal Board to pass an order strictly in accordance with law and by taking into consideration all relevant facts including the trace map and the building drawings which were furnished at the time of granting NOC. It was also directed that the said exercise be completed within 45 days from the date of receipt of the written statement from both the parties which were to be submitted within three weeks from the date of the said judgment.

¶4Mr. D. Das, appearing on behalf of respondent Nos.1 & 2 submits that in compliance with the order dated 02.11.2022 passed in WP(C) No.2354/2021, the order has been duly passed by the Biswanath Chariali Municipal Board on 28.04.2023.

¶5Taking into account that the order has been passed in compliance with the order passed by this Court dated 02.11.2022, the instant Contempt Proceedings are dropped. Be that as it may, the petitioner Page No.# 3/3 herein would be at liberty to challenge the said order dated 28.04.2023, if so aggrieved.

¶6The instructions dated 06.05.2023 as well as the order dated

28.04.2023 are collectively kept on record and marked with the letter "X". JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010053362023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/150/2023o SACHINoKUMARoSHARMAo S/O-oLATEoKRISHNAoKANTAoSHARMAoBARUAH,oR/O-oJYOTIoNAGAR,o BAMGAON,oWARDoNO.o8,oP.O.oANDoP.S.oBISWANATHoCHARIALI,oDIST.o BISWANATH,oASSAM VERSUSo AMARoJYOTIoBARTHAKURoANDoANRo S/O-oLATEoPHANIoBARTHAKUR,oR/O-oMILANPUR,oWARDoNO.o6,oP.O.oANDo P.S.oBISWANATHoCHARIALI,oDIST.oSONITPUR,oASSAM,oPIN-o784176. 2:DEBASHISHoGOSWAMI oTHEoEXECUTIVEoOFFICER oBISWANATHoCHARIALIoMUNICIPALoBOARD oB.S.oROADo(BISWANATHoGHAToROAD oP.O.oCHARIALI oP.S.oBISWANATHoCHARIALI oPIN-o784176 oDIST.oBISWANATH oASSAo Forkthekpetitionerk(s)kkkkkkk:kMr.kG.kRahul,kAdvocatek ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo For;the;respondent;(s);;;;:;Mr.;D.;Das,;Advocate;; Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH