Indira Bala Kalita and 2 Ors v. Ramesh Chand Jain and 3 Ors

ORDER Date : 27.03.2024

Heard Mr. L. Kalita, learned counsel for the petitioner. The present Miscellaneous Case has been instituted by the petitioners herein, praying for restoration of the Contempt Case No. 139/2018, which was dismissed on non-prosecution vide order dated

24.02.2023. On perusal of the pleadings as brought on record in the miscellaneous case, it is seen that the petitioners have satisfactorily explained the absence of the engaged counsels on the dates when the connected contempt case was called up for hearing. Page No.# 3/3 The petitioner herein, is not at fault for the non-appearance of the counsel for the petitioners on the dates when the contempt case was taken up for consideration i.e., on 05.09.2022 and on 24.02.2023. The cause of action, for which, the contempt petition was so instituted continues as on date. In view of the above, this Court is of the view that the order dated

24.02.2023, passed in Contempt Case No. 139/2018 needs to be recalled. Accordingly, the same stands recalled. The contempt petition be restored to file. The recalling of the order dated 24.02.2023, would revive the order dated 04.04.2018, by which notices in the contempt petition were issued upon the respondents. Accordingly, the Miscellaneous Case stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010067352023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/21/2023o INDIRAoBALAoKALITAoANDo2oORS.o D/O-oLATEoKANDARPAoKALITA,oW/O-oADITYAoMOHANTA,oR/O-oVILL-o NABAPUR,oP.OoANDoP.S-oBOKO,oDIST-oKAMRUP(R),oASSAM,o(ASSTTo TEACHERoOFoGOROIMARIoANCHALIKoGIRLSoHIGHoSCHOOL) 2:oSALEHAoHASAN oD/O-oABDULoHAKIM oW/O-oRAMZANULoISLAM oR/O-oVILL-oGOROIMARIoBAZAR oP.O-oTUKRAPARA oP.S-oCHHAYGAON oDIST-oKAMRUP(R) oASSAM o(ASSTToTEACHERoOFoGOROIMARIoANCHALIKoGIRLSoHIGHoSCHOOL) 3:oDAIBAKIoKALITA oR/O-oVILLAGEoLEZA oP.O-oBARUAJANI oP.S-oKAMALPUR oDIST-oKAMRUP(R) oASSAMo(ASSTToTEACHERoOFoARUNODOIoHIGHoSCHOOL oJAMUGURIo VERSUSo RAMESHoCHANDoJAINoANDo3oORS.o COMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,oEDUCATIONo (SECONDARY)oDEPTT,oDISPUR,oGUWAHATI-o06 2:RAJIVoKUMARoBORA oADDLoCHIEFoSECRETARYoTOoTHEoGOVToOFoASSAM oEDUCATIONo(SECONDARY)oDEPTT oASSAMoCIVILoSECRETARIAT oDISPUR Page No.# 2/3 GUWAHATI- 781006 3:PHANINDRA JIDANG DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY- 19 4:MADHAB CHANDRA DEKA INSPECTOR OF SCHOOLS KDC KAMRUP AMINGAON GHY- 3 Advocate for the Petitioner : MR. L KALITA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR