Page No.# 1/4 GAHC010131092018 2019:GAU-AS:20858 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/269/2018 NIRMAL KUMAR AGARWALLA CLASS-I CONTRACTOR, S/O- LT GOVINDA RAM AGARWALLA, R/O- NEAR MARIAN SCHOOL, BARPETA ROAD, BARPETA, ASSAM VERSUS LOHIT PATHAK AND 5 ORS. SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., DISPUR, GHY- 6, ASSAM, PIN-781006 2:MOHAN CH. BORO CHIEF ENGINEER IRRIGATION DEPTT. CHANDMARI GHY ASSAM PIN- 781003 3:DEBANANDA PEGU ITAKHOLA DVN (IRRIGATION) TEZPUR DIST- SONITPUR ASSAM PIN- 784182 4:SRI RAKESH KUMAR SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI ASSAM PIN-781006. Page No.# 2/4 5:SRI PRASANTA DUTTA CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI ASSAM PIN-781003 6:DIPAK MAHANTA CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI ASSAM PIN-781003 Advocate for the Petitioner : MR. S K DAS, MR R KARIM Advocate for the Respondent : DR. B U AHMED (R1), MR K UDDIN (R1),MR. A UDDIN (R1),MR. N HAQUE (R1),MR. A K AZAD (R1),MR. N UPADHAYAY (R4,R5) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 30.03.2026 On the previous date of listing, that is, on 20.03.2026, the following order was passed :- There is no representation on behalf of the petitioner today on call. On 01.05.2024, it was submitted by the learned counsel for the petitioner that an application seeking impleadment of the new incumbent would be filed. Till date, no such application seeking impleadment has been filed. Even on 12.02.2020, a similar submission was made on behalf of the petitioner that new incumbent holding the post of Chief Engineer, Irrigation Department, Chandmari would be impleaded by filing proper pleading. 2. It can, therefore, be noticed that since 12.02.2020, no application has Page No.# 3/4 been filed by the petitioner seeking impeladment despite submissions made to that effect. 3. The contempt petition has been preferred alleging non-compliance of a direction made in an Order dated 20.09.2017 passed in the writ petition, W.P.[C] no. 5936/2017. By the Order dated 20.09.2017, a direction was made to the respondent authorities to verify the genuineness of the bills submitted by the petitioner within a period of three months therefrom with a further direction to the effect that if the petitioner’s claim was found to be genuine, then necessary steps were be taken for payment of the amount due to the petitioner within six weeks thereafter. 4. This contempt petition is pending since 2018. On 01.05.2024, a submission was made on behalf of the petitioner that an amount of Rs. 20 lakh approx. had already been paid and there would be an outstanding amount of Rs. 13 lakh approx. Non-filing of impleadment application since 12.02.2020 for a period of more than six years is suggestive of a situation that the petitioner has lost interest in the case. Be that as it may. 5. In view of non-representation on behalf of the petitioner today on call, let the case, for ends of justice, be listed again on 30.03.2026 for necessary order. Today also despite call, none has appeared on behalf of the petitioner. In view of the facts observed in the previous order and non-representation of the petitioner today also on call, this Court is of the considered view that the petitioner is not interested to pursue the present proceeding. Therefore, the contempt petition is accordingly closed. JUDGE Page No.# 4/4 Comparing Assistant