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Gauhati High Court

Phukan Chandra Bora vs Jatin Bora And 4 Ors on 28 January, 2019

Author: Ujjal Bhuyan

Bench: Ujjal Bhuyan

                                                                  Page No.# 1/2

GAHC010008692015




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

                        Case No. : Cont.Cas(C) 70/2015

         1:PHUKAN CHANDRA BORA
         S/O- SRI PREMESWAR BORA, R/O- NUMALI JALAH, P.S.- CHANGSARI,
         DIST.- KAMRUP RURAL, AMINGAON.

         VERSUS

         1:JATIN BORA and 4 ORS.
         CIRCLE OFFICER, KAMRUP RURAL, AMINGAON REVENUE CIRCLE,
         AMINGAON, ASSAM.

         2:DHIREN DAS
          LAT MONDAL
          KAMRUP R
         AMINGAON REVENUE CIRCLE
         ASSAM.

         3:SULEMAN ALI
          KANANGO
          KAMRUP R
         AMINGAON REVENUE CIRCLE
         ASSAM.

         4:JUIJA BARAPPU BALAJI
          DY. COMMISSIONER
          KAMRUP R
         AMINGAON REVENUE CIRCLE
         ASSAM.

         5:KAMAL BAISHYA
         ADDL. DY. COMMISSIONER
          KAMRUP R
         AMINGAON
         ASSAM
                                                                                   Page No.# 2/2

Advocate for the Petitioner    : MS.P MAZUMDAR

Advocate for the Respondent : MR.J ISLAMR-1and2




                                      BEFORE
                         HONOURABLE MR. JUSTICE UJJAL BHUYAN

                                             ORDER

Date : 28-01-2019 None appears for the petitioner on call.

Mr. AM Borbhuiya, learned counsel has appeared on behalf of respondent Nos.1 and

2. Alleging willful and deliberate violation of the interim order dated 20.08.2014, petitioner has filed the present contempt petition. Interim order dated 20.08.2014 is to the effect that petitioner should not be evicted from the occupied land without due process of law.

Mr. Borbhuiya submits that while WP(C) No.4033/2014 is still pending consideration before this Court, respondent Nos.1 and 2 in compliance of order dated 20.08.2014 has not evicted the petitioner till date despite undertaking given by the petitioner before the revenue authority that he would vacate the land. But suppressing this fact, he filed the related writ petition.

Be that as it may, in view of the submission made by Mr. Borbhuiya, Court is not inclined to continue with the contempt proceeding.

Accordingly, contempt petition stands closed.

JUDGE Biplab Comparing Assistant