Hamid Ali @ Md. Hanif Ali vs Rajesh Prasad And 2 Ors on 22 September, 2020

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Gauhati High Court

Hamid Ali @ Md. Hanif Ali vs Rajesh Prasad And 2 Ors on 22 September, 2020

Bench: Kalyan Rai Surana

                                                                        Page No.# 1/3

GAHC010114112020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Cont.Cas(C) 360/2020

            1:HAMID ALI @ MD. HANIF ALI
            S/O. LT. HAFIJUDDIN ALI, VILL. DHULIAGAON, P.O. MORANGI, P.S.
            GOLAGHAT, DIST. GOLAGHAT, ASSAM, PIN-785702.

            VERSUS

            1:RAJESH PRASAD AND 2 ORS
            COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, REVENUE (RELIEF
            AND REHABILITATION) AND DISASTER DEPTT., DISPUR, GUWAHATI-
            781006.

            2:SHYAM JAGANNATHAN
             COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
             FINANCE DEPTT.
             DISPUR
             GUWAHATI-781006.

            3:BIBHASH CHANDRA MODI
             DY. COMMISSIONER
             GOLAGHAT
            ASSAM
             P.O. AND P.S. GOLAGHAT
             PIN-785621

Advocate for the Petitioner   : MR. R Deka

Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                             ORDER

Page No.# 2/3 Date : 22-09-2020 Heard Mr. S.I. Akand, learned counsel for the petitioner. This is an application under section 11 & 12 of the Contempt of Courts Act, 1971 wherein it is projected that the order dated 27.01.2020 passed by this Court in WP(C) 452/2020 was deliberately and willfully violated.

It appears from the said order that the writ petition was disposed of with a direction to the Commissioner and Secretary to the Government of Assam, Revenue (Relief & Rehabilitation) and Disaster Department to consider the case of the petitioner in terms of the notification dated 15.11.2014, calling for a report from the Deputy Commissioner, Kamrup (Metro) and on satisfaction, to release quantum of relief to the petitioner in terms of the notification dated 15.11.2014 further directing the said authorities to carry out the whole exercise within 8 (eight) weeks from the date of receipt of the certified copy of the order along with a copy of the said writ petition. However, there is no proof as to the date on which the service of notice was affected on the respondent no.1.

It is seen that in the writ petition a forwarding letter dated 10.02.2020 addressed to the Deputy Commissioner as annexed as Annexure-II. Annexure-III is the postal receipt dated 10.02.2020 addressed to the Deputy Commissioner, Golaghat. Annexure-IV to this petition is a forwarding letter dated 17.02.2020 to the respondent no.1. However, there is no corresponding postal receipt or acknowledgement annexed to show that the mode by which the said letter dated 17.02.2020 was served on the Commissioner and Secretary to the Government of Assam, Revenue (Relief & Rehabilitation) and Disaster Department. Under such circumstances, the Court is inclined to direct the petitioner to produce better particulars regarding service of certified copy of the respondent no.1. Moreover, the Court finds no reason for the petitioner to implead the respondents no.2 and 3. Accordingly, on the next date of listing, the learned counsel for the petitioner shall address the Court on the necessity of impleading the respondents no.2 and 3. By then the petitioner is directed to file better particulars, if so advised.

List the matter after 2(two) weeks in the motion column on a date to be fixed by the office.

Page No.# 3/3 JUDGE Comparing Assistant

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