Champupara Bazar Committee and Anr v. Khoirul Hussain and 4 Ors

ORDER Date : 06.11

. 2024 Heard Mr. A. M. Ahmed, learned counsel for the petitioners and Mr. S. Sinha, learned counsel for all the contemnors/ respondents. The present contempt petition has been filed alleging violation of the order darted 08.05.2024 passed by this Court in FAO No. 29/2024. The said order is reproduced hereinbelow:- "Heard Mr. R. Majumdar, learned counsel for the appellant. The appeal is admitted. Issue notice. Appellant shall take steps for service of notice on the respondents by dasti. List after four weeks. It is further directed that till the returnable date, no construction works shall be undertaken over Schedule-E to M land." Mr. S. Sinha, leaned counsel for the respondents/ contemnors submits that the petitioners did not take steps for service of notice upon the respondents/ contemnors as ordered by this Court on 08.05.2024 but the notice was served by the registered post with A/D through the Registry of this Court. Mr. Sinha learned counsel for the contemnors/ respondents further submits that immediately on receipt of the notice by registered post with A/D, the respondents/ contemnors have stopped construction works and thereafter no construction has been undertaken by the respondents/ contemnors as Page No.# 4/4 alleged by the petitioners. In view of the submission made by the learned counsel for the respondents/ contemnors and taking into consideration that the respondents/ contemnors are no longer undertaking construction works in the suit land subsequent to the receipt of the notice from the Court, this Court is of the considered view that no contempt has been made out against the contemnors/ respondents. Accordingly, the contempt petition is closed and dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010147872024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/389/2024o CHAMPUPARAoBAZARoCOMMITTEEoANDoANRo AToCHAMPUPARAoBAZAR,oP.O.oCHAMPUPARAoBAZAR,oP.S.oCHAYGAON,o DIST.oKAMRUP,oASSAM,oPIN-o781136,oREP.oBYoTHEoPRESIDENToOFo CHAMPUPARAoBAZARoCOMMITTEE,oABDUSoSATTAR,oR/O-oVILL.-o CHAMPUPARAoPATHAR,oP.O.oCHAMPUPARAoBAZAR,oP.S.oCHAYGAON,oDIST. KAMRUP,oASSAM 2:oABDUSoSATTAR oS/O-oLATEoABDUSoSALAM oR/O-oVILL.-oCHAMPUPARAoPATHAR oP.O.oCHAMPUPARAoBAZAR oPSoCHAYGAON oDIST.oKAMRUP oASSAM oPIN-o781136o VERSUSo KHOIRULoHUSSAINoANDo4oORS.o S/O-oLATEoTOSERoALI,oR/O-oVILL.-oCHAMPUPARAoGAON,oP.O.o CHAMPUPARAoBAZAR,oP.S.oCHAYGAON,oDIST.oKAMRUP,oASSAM,oPIN-o 781136. 2:MONTAZoALIoAHMED oS/O-oLATEoSHONGSHERoALI oR/O-oVILL.-oCHAMPUPARAoGAON oP.O.oCHAMPUPARAoBAZAR oP.S.oCHAYGAON oDIST.oKAMRUP oASSAM oPIN-o781136. 3:NASIMoUDDINoAHMED oS/O-oLATEoABDULoJALIL Page No.# 2/4 R/O- GOROIMARI BAZAR P.O. TUKRAPARA P.S. GOROIMARI DIST. KAMRUP ASSAM PIN- 781137. 4:CHAN MAHMUD S/O- LATE ABDUL JOBBAR R/O- VILL.- CHAMPUPARA PATHAR P.O. CHAMPUPARA BAZAR P.S. CHAYGAON DIST. KAMRUP ASSAM PIN- 781136. 5:SOBUR UDDIN S/O- LATE HUSSAIN ALI R/O- VILL.- GOROIMARI SATRA P.O. TUKRAPARA P.S. GOROIMARI DIST. KAMRUP ASSAM PIN- 781137 Advocate for the Petitioner : MR. A M AHMED, P. GHOSH Advocate for the Respondent : MR. S SINHA (R-1 TO 5), MS. M SHARMA(R-1 TO 5) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE K. SEMA