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2025 DAILYLAW 21036 (GAU)

DHANANJAY BASUMATARY v. ANURAG GOEL

Cont.Cas(C)/719/2022 · 2025-06-24

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010249282022 2025:GAU-AS:8557 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/719/2022 DHANANJAY BASUMATARY S/O- MANINDRA BASUMATARY, VILL- SUDEMPURI, P.O, P,S AND DIST- KOKRAJHAR, ASSAM, PIN-783370 VERSUS ANURAG GOEL PRINCIPAL SECRETARY, BODOLAND TERRITORIAL COUNCIL,BODOFA NWGWR, BTAD, KOKRAJHAR, ASSAM , PIN- 783370. Advocate for the Petitioner : J U AHMED, MR S A REEYAZ,MR S R NAWAZ Advocate for the Respondent : MS. R B BORA, MR. S BORA,MR. D SAIKIA BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 25.06.2025 1. Heard Mr. JU Ahmed, learned counsel for the petitioner. Also heard Ms. R B Bora, learned counsel for the sole respondent. 2. The present contempt petition is filed alleging willful and deliberate violation Page No.# 2/3 of this courts’ order dated 02.12.2021 passed in WP(C) 711/2021. 3. This court considering the claim of the petitioner that the petitioner has not been paid an outstanding amount of Rs. 87,32,875/- for execution of the work “construction of drain with cover at Sonapur Village (Kadamtola) to Madan House under AOP, BTC for the year 2015-16,” directed the respondent Nos. 2,3,4 and 5 to verify the claim of the petitioner and after verification if same is found to be correct, the bills be released in term of an order dated 15.11.2021 issued by Principal Secretary, Boroland Territorial Council prescribing the procedure for payment of outstanding liabilities by the BTC authorities. 4. By way of the said order, the BTC authority decided that the pending due to contractors shall be processed in accordance with the law laid down in Tamser Ali Vs State of Assam and Others reported in 2008 (4) GLT 1. 5. An affidavit has been filed by the respondents and they submit that they will pay the petitioner as per seriatim maintained in terms of the law laid down in Tamser Ali (supra). 6. Ms. RB Bora has also produced a part of list maintained by the BTC authority and contends that the name of the petitioner is at serial No. 190 and as on date, the outstanding liability is Rs. 8,73,287/- and such amount shall be paid as per the seriatim maintained. 7. In view of the aforesaid, this court is of the opinion that as on date, it cannot be said that there is a contempt of this court’s order dated 02.12.2021 passed in WP(C) 711/2021 inasmuch as it is the undertaking of the respondents that the petitioner shall be paid as per seriatim and strictly in accordance with the law laid down in Tamser Ali (supra) and in terms of the order dated 15.11.2021 issued by Principal Secretary, Boroland Territorial Council. Page No.# 3/3 Accordingly, the contempt petition stands closed. 8. While parting with this record, it is made clear that the petitioner shall be at liberty to approach this court once again by filing contempt petition in the event such seriatim is broken and the persons below the petitioner are paid. JUDGE Comparing Assistant