Partha Pratim Sen and 2 Ors v. Subimal Kuli and 4 Ors

ORDER Date : 06.05.2024

Heard Mr. S.B. Laskar, learned counsel for the applicant and Mr. R. Dhar, learned counsel of Chief Engineer, Govt. of Assam for the respondent no. 1.

¶2The applicant as the writ petitioner, has preferred the connected contempt petition, Contempt Case[C] no. 625/2022.

¶3The contempt petition is filed alleging deliberate disobedience of the direction given in an Page No.# 3/4 Order dated 10.02.2022, whereby, the writ petition, WP[C] no. 951/2019 has been disposed of. It has inter-alia been directed to the respondent authorities in the Public Works Department [PWD] to examine and thereafter, disburse amounts of Rs. 4,03,879/- and Rs. 5,84,724/- in favour of the petitioner no. 2 and the petitioner no. 3 therein, respectively. In the contempt case, an affidavit-in-opposition has been filed on behalf of the respondent no. 1 herein, that is, the Chief Engineer, PWD [NH Works], Assam.

¶4From the statements and averments made therein and the documents annexed thereto, it has emerged that the Chief Engineer, PWD [NH Works], Assam wrote to the Special Commissioner & Special Secretary to the Government of Assam, PWD [Building & NH Department] vide his letter dated 06.12.2022 to obtain funds for the estimated amount from the Ministry of Road Transport & Highways [MORT & H], Government of India for early disbursement of the compensation amounts in terms of the direction of this Court.

¶5The applicant has filed this interlocutory application seeking impleadment of

Shri Raj Chakrabarty,

the Commissioner & Special Secretary to Government of Assam, Department of PWD, [Building and National Highway] Assam, Dispur, Guwahati-6

as a party-respondent in the connected Contempt Case[C] no. 625/2022 as the said authority has not been impleaded earlier, though the said authority was one of the party-respondents in the writ petition, W.P.[C] no. 951/2019.

¶6In view of the facts emerged from the affidavit-in-opposition filed by the respondent no. 1 in Contempt Case[C] no. 625/2022, the impleadment of afore-mentioned respondents is found necessary for the consideration of the contempt petition, Contempt Case[C] no. 625/2022. Accordingly, the instant interlocutory application is allowed.

Page No.# 4/4

¶7Mr. Laskar, learned counsel for the petitioner shall file an amended cause-title before the Registry in terms of the Notification no. 79 dated 19.06.2023 within 3 [three] working days from today. On submission of such amended cause-title, the Registry to carry out the necessary corrections in the cause-title of Contempt Case[C] no. 625/2022 as well as in the CIS and list the contempt case accordingly, thereafter.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010081882024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1270/2024o PARTHAoPRATIMoSENoANDo2oORS.o S/OoPARIMALoCHANDRAoSEN,oVILL-oMADHABPUR,oP.O.-KARICHERRAo BAZAR,oP.S.-RAMNATH,oDIST-oHAILAKANDI,oASSAM,oPIN-788165 2:oPARIMALoCHANDRAoSEN oS/OoLATEoPRONOYoCHANDRAoSEN oVILL-MADHABPUR oP.O.-KARICHERRAoBAZAR oP.S.-RAMNATH oDIST-HAILAKANDI oASSAM oPIN-788165 3:oBIPLOBoDEB oS/OoLT.oBORODAoKANTAoDEB oVILLoANDoP.O.-MONIPURoBAGAN oP.S.-KATLICHERRA oDIST-HAILAKANDI oASSAM oPIN-78881o VERSUSo SUBIMALoKULIoANDo4oORS.o THEoCHIEFoENGINEER,oPUBLICoWORKSoDEPARTMENTo(NH),oGOVT.oOFo ASSAM,oCHANDMARI,oGUWAHATI-03 2:BISHNUoPRASADoDAS oTHEoEXECUTIVEoENGINEER oPWDoKARIMGANJoN.H.oDIVISION oKARIMGANJ oDIST-KARIMGANJ oASSAM oPIN-788806 Page No.# 2/4 3:HIVARE NISARY GAUTAM IAS THE DEPUTY COMMISSIONER HAILAKANDI P.O. AND P.S.-HAILAKANDI DIST- HAILAKANDI PIN-788151 4:SHRI ANURAG JAIN THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI-01 5:SHRI RAJ CHAKRABORTY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF P.W.D. (BUILDING AND NATIONAL HIGHWAY) ASSAM DISPUR GUWAHATI- Advocate for the Petitioner : MR. S B LASKAR Advocate for the Respondent : MR R DHAR BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY