Page No.# 1/5 GAHC010093142024 2025:GAU-AS:1558 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/145/2024 BIKASH KUMAR AGARWAL AND ANR. S/O SRI BIJAY KUMAR AGARWAL, RESIDENT OF THANA CHARIALI, PO, PS AND DIST DIBRUGARH ASSAM 786001 2: SRI RAHUL AGARWAL S/O SRI BIJAY KUMAR AGARWAL RESIDENT OF THANA CHARIALI PO PS AND DIST DIBRUGARH ASSAM 78600 VERSUS KAMALESWAR GOGOI AND 6 ORS. S/O LATE BOGARAM GOGOI, RESIDENT OF JAPIHOJIA GAON, PO AND PS LAHOAL, DIST DIBRUGARH, ASSAM , 786001 2:SRI SIBANKANTA GOGOI S/O LATE BOGARAM GOGOI RESIDENT OF JAPIHOJIA GAON PO AND PS LAHOAL DIST DIBRUGARH ASSAM 786001 3:SRI LIKHEN GOGOI S/O LATE BHOLANATH GOGOI RESIDENT OF JAPIHOJIA GAON PO AND PS LAHOAL DIST DIBRUGARH ASSAM 786001 Page No.# 2/5 4:SRI BHABEN GOGOI S/O LATE BHOLANATH GOGOI RESIDENT OF JAPIHOJIA GAON PO AND PS LAHOAL DIST DIBRUGARH ASSAM 786001 5:MD. SOHRAB AHMED S/O LATE MUKHTAR AHMED RESIDENT OF PALTAN BAZAR PO PS AND DIST DIBRUGARH ASSAM 786001 6:AYAZ AHMED ANSARI S/O LATE MUKHTAR AHMED RESIDENT OF PALTAN BAZAR PO PS AND DIST DIBRUGARH ASSAM 786001 7:DR. ARATI SAIKIA W/O LATE NIYAZ AHMED RESIDENT OF PALTAN BAZAR PO PS AND DIST DIBRUGARH ASSAM 78600 For the Petitioner(s) : Mr. M. Smith, Advocate For the Respondent(s) : Mr. K. Bhattacharjee, Govt. Advocate Mr. S. Deka, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 14.02.2025 Heard Mr. M. Smith, the learned counsel appearing on behalf of the petitioners. Mr. S. Deka, the learned counsel appears on behalf of the Page No.# 3/5 respondent Nos. 1 to 4. I have also heard Mr. K. Bhattacharjee, the learned Government Advocate appearing on behalf of the Government of Assam. 2. The instant proceeding has been filed challenging the order dated 12.03.2024 passed by the learned Court of the Civil Judge (Jr. Div.) No. 2, Dibrugarh (hereinafter referred to as, “the learned Trial Court”) in Title Suit No. 04/2023 whereby the learned Trial Court imposed a cost of Rs. 5000/- each upon the Circle Officer, Dibrugarh East Revenue Circle, Dibrugarh as well as the defendant Nos. 4 and 5 to be deposited with the DLSA, Dibrugarh. In addition to that, the learned Trial Court further directed the Circle Officer, Dibrugarh East Revenue Circle, Dibrugarh to forthwith furnish the measurement undertaken on 22.02.2024 before the Court remaining present in person. The learned Trial Court also directed that the Circle Officer, Dibrugarh East Revenue Circle, Dibrugarh shall also file the details of objection raised by the defendant Nos. 4 and 5 in the material form (in original) and explain why she was empowered to accept the same when the matter was laying sub-judice, failing which appropriate order would be passed. 3. This Court has perused the impugned order dated 12.03.2024 as well as the proceedings and has also heard the learned counsels for the parties. 4. It is relevant to take note of that the suit was actually fixed on 10.04.2024, however, the plaintiff Nos. 1 to 4 had filed an application for preponing the matter on 12.03.2024 showing cause and praying for an early hearing from the day it had already been fixed. This Court upon perusal of the materials on record as well as the impugned order is of the Page No.# 4/5 opinion that the learned Trial Court was not justified in passing that order dated 12.03.2024 that too by initiating contempt proceedings without issuing proper notice and further imposing cost upon the Circle Officer, Dibrugarh East Revenue Circle, Dibrugarh as well as the defendant Nos. 4 and 5. 5. Mr. S. Deka, the learned counsel appearing on behalf of the respondents submitted that the reason why the application was filed was that the demarcation has to be completed during the dry season when there is no monsoon and as such, there was urgency in the matter. He further submitted that the Circle Officer, Dibrugarh East Revenue Circle, Dibrugarh had already made the demarcation on 22.02.2024, but for reasons best known did not submit the report for which the impugned order was passed. 6. Mr. K. Bhattacharjee, the learned Government Advocate appearing on behalf of the Government of Assam submitted that the power to initiate contempt for any orders passed by the learned Trial Court is with the High Court in terms with the Contempt of Courts Act, 1971 and as such, the learned Trial Court had committed an error. 7. Upon hearing the parties, this Court is of the opinion that the order dated 12.03.2024 of initiating contempt proceedings against the Circle Officer, Dibrugarh East Revenue Circle, Dibrugarh as well as the defendant Nos. 4 and 5 is required to be interfered with inasmuch as the same were done on an off date as well as also without issuing notice to them in respect to initiation of contempt. Apart from that a perusal of Section 10 of the Contempt of Courts Act, 1971 it is seen that in respect to any disobedience of an order passed by the learned Trial Court or Page No.# 5/5 Subordinate Courts, it is the High Court who has the exclusive jurisdiction. 8. Be that as it may, this Court takes note of that there is an urgent necessity for the purpose of carrying out the demarcation of the suit land. Accordingly, this Court directs the Circle Officer, Dibrugarh East Revenue Circle, Dibrugarh to carry out the demarcation of the land and thereupon submit the same before the learned Trial Court i.e. the Court of the learned Civil Judge (Jr. Div.) No. 1 before whom the present suit is pending. The said report be submitted on or before 27.03.2025. 9. A copy of the instant order be also served upon Mr. K. Bhattacharjee, the learned Government Advocate so that he would be in a position to forward the same to the Circle Officer, Dibrugarh East Revenue Circle, Dibrugarh for due compliance. 10. In view of the above observations, the order dated 12.03.2024 is interfered with. 11. As both the parties are duly represented, they are directed to appear before the learned Trial Court on 27.03.2025. 12. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant