Anjan Kumar Das and Anr v. Gauri Sankar Das

O R D E R

05.02.2024 The instant contempt application has been filed by the petitioner alleging violation to the order dated 22.11.2021 passed in WP(C) Page No.# 2/2 No.4605/2021.

¶2The record reveals that the petitioner has not been represented on various occasions. Be that as it may, this Court has perused the order dated 22.11.2021 which transpires that the direction was to the Circle Officer, Azara Revenue Circle to pass necessary order in Misc. Case No.15/16-17 pending before the said authority preferably within a period of 3 (three) months from 01.12.2021.

¶3This Court has duly taken note of the paragraph No.4 of the contempt application wherein it has been mentioned that the Circle Officer, Azara Revenue Circle has duly done so.

¶4Considering the above, the instant contempt proceedings so filed against the contemnor herein is totally misconceived.

¶5Accordingly, the contempt proceedings stands dropped.

¶6Be that as it may, this Court however observes that in the circumstance the petitioner is aggrieved by any action, it would be a separate cause of action for which the petition has to avail other remedies and not by way of a contempt proceedings.

¶7Under such circumstances, the dropping of the contempt proceedings shall not prejudice the petitioner to avail such remedies otherwise available under law.

JUDGE

Comparing Assistant

Page No.# 1/2 GAHC010095242022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/275/2022 ANJAN KUMAR DAS AND ANR S/O- LATE ROHINI KUMAR DAS, R/O- HOUSE NO. 40, INDIRA GANDHI PATH, SANTIPUR HILLSIDE, P.O. AND P.S. BHARALUMUKH, DIST.- KAMRUP(M), ASSAM, PIN- 781009. 2: NILAV JYOTI DAS S/O- LATE ROHINI KUMAR DAS R/O- HOUSE NO. 40 INDIRA GANDHI PATH SANTIPUR HILLSIDE P.O. AND P.S. BHARALUMUKH DIST.- KAMRUP(M) ASSAM PIN- 781009 VERSUS GAURI SANKAR DAS ADDITIONAL DEPUTY COMMISSIONER, KAMRUP(M), LAND REVENUE BRANCH, GUWAHATI-781001, ASSAM For the petitioner (s) : None appears For the respondent (s) : Mr. D. Nath, Sr. Govt. Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH