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2025 DAILYLAW 11172 (GAU)

MD. BAHARUL ISLAM BARBHUYAN v. JALLI KEERTHI AND 2 ORS

Cont.Cas(C)/221/2025 · 2025-05-25

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/2 GAHC010084242025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/221/2025 MD. BAHARUL ISLAM BARBHUYAN S/O- MD. ABUBAKKAR BARBHUYAN, R/O- VILL- BAMUNGAON, PS- LANKA, DIST- HOJAI, ASSAM VERSUS JALLI KEERTHI AND 2 ORS COMMISSIONER, P AND RD, COMMISSIONERATE OF PANCHAYAT AND RURAL DEVELOPMENT, PANJABARI, GHY-781037. 2:SNEHALATA RABHA BDO ODALI DEVELOPMENT BLOCK DIST. HOJAI ASSAM PIN- 782446. 3:SAYAD AHMED GRAM PANCHAYAT SECRETARY NO. 1 KAKI GRAM PANCHAYAT P.O. AND P.S. KAKI DIST. HOJAI ASSAM PIN- 782446 Advocate for the Petitioner : MR. A CHAMUAH, R BHUYAN Advocate for the Respondent : , BEFORE Page No.# 2/2 HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 26-05-2025 Heard Mr. R. Bhuyan, learned counsel for the petitioner. This contempt case has been filed alleging wilful disobedience of the order dated 17-03-2025 passed by this Court in W.P.(C) No. 1349/2025. Mr. Bhuyan submits that notwithstanding the interim order dated 17-03-2025 passed by this Court, the respondents have issued fresh order of transfer pertaining to the petitioner. After a careful examination of the materials on record, I find that the interim order passed by this Court on 17-03-2025 was made operational till the returnable date, i.e. 23- 04-2025. However, on that day, i.e. on 23-04-2025, no further extension of the interim order was either prayed for or granted by this Court. Under such circumstances, there is no interim order operating in this case as on date. If that be so, unless the subsequent transfer order is interdicted by this Court, the question of contempt of the order of this Court may not arise in the facts and circumstances of this case. At this stage, Mr. Bhuyan seeks leave of this Court to file appropriate petition assailing the subsequent transfer order. By granting liberty to the petitioner to file appropriate petition seeking legal remedy in the matter, this contempt case stands closed. JUDGE Comparing Assistant