M/S Bogidhola Tea and Trading Co (P) Ltd v. Alka Bhargava and 3 Ors

ORDER Date : 23.10.2024 Heard Mr. H.K. Sharma, learned Counsel for the petitioner. Also, heard Mr. I. Borthakur, learned Counsel appearing on behalf of respondent/contemnor no. 1 and 2.

¶2By way of this application under Section 12 of the Contempt of Court Act, read with Article 215 of the Constitution of India, the petitioner has drawn the attention of this Court to the alleged willful and deliberate violation of order dated 04/12/2020, passed by this Court in W.P.(C) no. 4531 of 2020.

¶3It appears that this Court by order dated 04/12/2020 disposed of the writ petition being no. W.P.(C) no. 4531 of 2020 by providing that extraction of mines by the respondent no. 4, shall be permitted by the authority in terms of the order of settlement dated 17/03/2014 by excluding the private Patta land of the petitioner. It was further clarified in the aforesaid order that portion of the river flowing through the petitioner's tea garden shall remain excluded from the mining area as indicated in the order dated 17/03/2014. Page No.# 3/3

¶4Today, when the matter was called, Mr. I. Borthakur, learned Standing Counsel places a letter dated 11/03/2022 issued by the petitioner to the Divisional Forest Officer (Tea) Golaghat Forest Division, Golaghat, wherein it is specifically informed that no activities of sand extraction are sighted or reported in and around the petitioner's Tea Estate.

¶5It thus appears that there is no mining activity in the petitioner's tea garden.

¶6Hence, nothing survives for adjudication in the instant contempt petition.

¶7Accordingly, the contempt petition stands closed.

¶8A copy of the letter dated 11/03/2022 is kept on record and marked as "X".

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010088542022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/284/2022o M/SoBOGIDHOLAoTEAoANDoTRADINGoCOo(P)oLTD.o AoCOMPANYoREGISTEREDoANDoINCORPORATEDoUNDERoTHEoCOMPANIESo ACT,o1956,oHAVINGoITSoREGISTEREDoOFFICEoAToBOGIDHOLAoT.E.o LETEKUJAN-785613,oASSAMoANDoITSoADMINISTRATIVEoHEADoOFFICEoATo PARAGoBHAWAN,o4THoFLOOR,oULUBARI,oG.S.oROAD,oGUWAHATI-781007,o ASSAMoANDoISoREPRESENTEDoBYoITSoEXECUTIVEoDIRECTOR,oSRIoPRAVIR KUMARoROY. VERSUSo ALKAoBHARGAVAoANDo3oORS.o THEoPRINCIPALoCHIEFoCONSERVATORoOFoFOREST,oARANYAoBHAWAN,o PANJABARI,oGUWAHATI-781037,oASSAM 2:SUSHILoKUMARoTHAKURIA oDIVISIONALoFORESToOFFICER oOFFICEoOFoTHEoDIVISIONALoFORESToOFFICER oJONAKINAGAR oGOLAGHAT-785621 oASSAM 3:ROBINoKUMAR oSUPERINTENDENToOFoPOLICE oGOLAGHAT-785613. 4:MD.oABDULoHASMAT oR/O-oKEYAPATTI oWARDoNO.o1 oP.O.oGOLAGHAT oMOUZA-oMOUKHOWA oGOLAGHAT oASSAo Page No.# 2/3 Advocate for the Petitioner : MR G N SAHEWALLA, MD ASLAM,MR. A CHETIA,MR H K SARMA,MS K BHATTACHARYYA Advocate for the Respondent : MR. D GOGOI, MR. I KALITA,MR M HOQUE BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI