ADHESH KALUWAR AND ANR v. AVINASH P JOSHI, IAS AND 7 ORS
Cont.Cas(C)/673/2023 · 2025-10-22
Sanjay Kumar Medhi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 21243 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21243 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010253492023
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/673/2023 ADHESH KALUWAR AND ANR S/O LATE RAM PRASAD KALUWAR, R/O VILL-AMGURI OYENGIA, P.O.- BATUWAMUKH, PIN-787110, P.S.-SILAPATHAR, DIST-DHEMAJI, ASSAM 2: CHINTU KALUWAR S/O ADHESH KALUWAR R/O VILL-AMGURI OYENGIA P.O.-BATUWAMUKH PIN-787110 P.S.-SILAPATHAR DIST-DHEMAJI ASSA VERSUS AVINASH P JOSHI, IAS AND 7 ORS PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPT., DISPUR, GUWAHATI-06 2:DR. D. HOJAI THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-7810034 3:SMTI PALLAVI PHUKAN ACS THE DEPUTY COMMISSIONER DHEMAJI DISTRICT DHEMAJI PIN-787057 4:DR. NARESWAR BORA THE JOINT DIRECTOR OF HEALTH SERVICES
Page No.# 2/4 DHEMAJI DISTRICT PIN-787058 5:SRI ASHOK BABU IAS COMMISSIONER AND SECRETARY GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06. 6:DR. YOGESH PHANGCHU THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-7810034. 7:SRI ANKUR BHARALI ACS DISTRICT COMMISSIONER DHEMAJI DISTRIC DHEMAJI PIN-787057. 8:DR. KULEN CHANDRA GOHAIN THE JOINT DIRECTOR OF HEALTH SERVICES DHEMAJI DISTRICT PIN-787058 Advocate for the Petitioner : MR. B CHETRI, MR VINOD BASFOR Advocate for the Respondent : MR. G PEGU (R-3), SC, HEALTH AND F W,MR. B GOGOI,MR. S S ROY (R-3)
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 23.10.2025 Heard Shri B. Chetry, learned counsel for the petitioners. Also heard Shri A. Chaliha, learned counsel, who has appeared for the Health Department to assist the Court. Page No.# 3/4
2. The instant petition has been instituted with an allegation of willful and deliberate disobedience of an order dated 25.11.2022 passed in WP(C)/1087/2020. For ready reference, the relevant part of the order containing the direction is extracted hereinbelow-
“9. Accordingly, the State respondents are directed to pay compensation to the petitioner at the present market rate which however, shall be done in accordance with prevailing law in force within a period of 6(six) months from the date of receipt of a copy of the order of this Court.”
3. As the compensation as per the direction was not paid, the present case has been instituted. 4. After issuance of notice, the respondent no. 1 had appeared and subsequently, this Court has also requested the learned Standing Counsel of the Department to render necessary assistance to come to a logical conclusion. 5.
Shri Chaliha, learned counsel has submitted that on 25.09.2025 a communication was issued by the Director of Health Services to the District Commissioner, Dhemaji whereby information was given of crediting an amount of Rs.1,35,69,250/- in the bank account of the Deputy Commissioner which was onward forwarded to the bank account of the petitioners. 6. Shri Chetry, learned counsel for the petitioners has submitted that instructions have been received of crediting the aforesaid amount. However, he has raised an objection that the bill was for a higher amount and the entire amount has not been paid. 7. Considering the above, this Court is of the opinion that the aforesaid development would bring this Court to a conclusion that there has been
Page No.# 4/4 substantial compliance of the order in question. Accordingly, there is no requirement to continue with the contempt petition and the same stands closed. 8. Liberty is however granted to the petitioners that in case the petitioners are aggrieved by the amount involved, they could raise the dispute in an appropriate forum. 9. A copy of the communication dated 25.09.2025 is made a part of the records. JUDGE Comparing Assistant