M/S Manab Jyoti Gogoi and Anr v. A K Mishra

ORDER Date : 20.09.2024 Heard Mr. R.S. Mishra, the learned counsel for the petitioners. Also heard Mr. M. Kato, learned counsel for the respondents.

¶2By filing this contempt petition, the petitioners have alleged wilful and deliberate disobedience of order dated 26.06.2024, passed by this Court in WP(C) 254(AP)/2024.

¶3The learned counsel for the petitioners has submitted that an interim order was passed on 26.06.2024 to the effect that without the leave of the Court, the respondent authorities shall not re-tender the execution of the contract for Surfacing Work, Preparation of Subgrade in SMB/SR/HR, GSB 150 MM Thick For (Hard Shoulder), GSB 100 MM Thick In Two Layer (In Sinking Area), CTB 160 MM Thick, CTSB 200 MM Thick (in Two Layer of 100 MM), Sami Cracks Layer, DBM 50 MM Thick, BC 50 MM Thick, Prime Coat, Tack Coat and Road Marking with Thermoplastic Paint (2.5 MM Thick) on Migging – Tuting Road from KM 25.00 to KM 35.134 under 1448 BCC under 761 BRTF of Project Brahmank in Arunachal Pradesh.

¶4However, despite communication of the copy of the order to the respondent authorities, the work was re-tendered vide re-tender notice dated

27.06.2024.

¶5The learned DSGI has submitted that no contempt has been made out Page No.# 3/3 because the copy of order dated 26.06.2024 was communicated only on

27.06.2024, which is evident from the documents appended to this contempt petition being the notice dated 27.06.2024 (Annexure-C). Accordingly, it is submitted that on the same day, without having notice of the communication of the order of this Court, the re-tender was ordered on 27.06.2024.

¶6In view of the explanation given by the learned DSGI, the Court is inclined to accept the statement of the learned DSGI that as the copy of the order dated 26.06.2024, passed by this court in the WP(C) 254(AP)/2024 was communicated on 27.06.2024, on which date the re-tender was already issued, the court is inclined to hold that no deliberate and wilful disobedience of the order of this Court dated 26.06.2024 is made out.

¶7Accordingly, having held that there was no wilful and deliberate disobedience of the Court, this contempt petition stands closed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC040008062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Cont.Cas(C)/19/2024 M/s Manab Jyoti Gogoi and Anr Age: 0 Occupation : Address:having its registered office at Red Cross Road Bye Lane 1 Khalihamari PO PS and District Dibruagarh Assam represented by its Managing partner Shri Manab Jyoti Gogoi 2: Manab Jyoti Gogoi Age: 48 Occupation : Address:Son of Late Mohendra Gogoi resident of Red Cross Road Bye Lane 1 Khalihamari PO PS and District Dibrugarh Assam VERSUS A K Mishra Age: 0 Occupation : Address:Chief Engineer Project BRAHMANK cum Accepting Officer C/o APO Pasighat Arunachal Pradesh 93172 ------------ Page No.# 2/3 Advocate for : Kemo Lollen Advocate for : Marto Kato appearing for A K Mishra: Advocate appearing for respectively. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA