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2025 DAILYLAW 24752 (GAU)

MS RANA CONSTRUCTION AND ENGINEERS PVT LTD v. MD M ALI BAKSH AND 3 ORS

I.A.(Civil)/3401/2025 · 2025-10-30

Devashis Baruah

body2025

Judgment text

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Page No.# 1/4 GAHC010235932025 2025:GAU-AS:14744 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3401/2025 MS RANA CONSTRUCTION AND ENGINEERS PVT LTD SURAJ COMPLEX ULUBARI CHARIALI KAMRUP METRO GUWAHATI ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN SON OF ALHAZ RAHMAN ALI RESIDENT OF HOUSE NO 62 RAHMAN MANSIKON SOUTH SARANIA PO ULUBARI DISTRICT KAMRUP METRO ASSAM GUWAHATI 781007 VERSUS MD M ALI BAKSH AND 3 ORS EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT N H DIVISION GUWAHATI 781001 2:SRI PARESH CHANDRA DEKA EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT N H DIVISION GUWAHATI 781001 3:SRI KALYAN KUMAR SARMA EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT N H DIVISION GUWAHATI 781001 4:SRI SIDDHARTHA SHANKAR SARMAH EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT N H DIVISION GUWAHATI 78100 Advocate for the Petitioner : MR. K N CHOUDHURY, MR. TANUZ KASHYAP,MR. R M DEKA Advocate for the Respondent : , Page No.# 2/4 Linked Case : Cont.Cas(C)/163/2018 M/S RANA CONSTRUCTION AND ENGINEERS PVT LTD SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (METRO) GUWAHATI - 781007 ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN SON OF ALHAZ RAHMAN ALI R/O HOUSE NO. 62 RAHMAN MANSION SOUTH SARANIA P.O. ULUBARI DIST. KAMRUP (M) ASSAM ASSAM GUWAHATI- 781007. VERSUS MD M ALI BAKSH EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT GUWAHATI NH DIVISION GUWAHATI- 781001. 2:SRI PARESH CHANDRA DEKA EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT GUWAHATI NH DIVISION GUWAHATI-781001. 3:SRI KALYAN KUMAR SARMA EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT GUWAHATI N.H DIVISION GUWAHATI-781001 ------------ Advocate for : MR. K N CHOUDHURY SENIOR ADVOCATE Advocate for : MR. Y S MANNAN appearing for MD M ALI BAKSH Page No.# 3/4 Advocate for the applicant(s): Mr. T Kashyap Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 31.10.2025 Heard Mr. T Kashyap, the learned counsel appearing on behalf of the applicant. 2. This is an application filed seeking leave to implead the opposite party No.4 to the accompanying contempt proceedings. 3. This Court duly takes note of that vide the order dated 31.01.2018 passed in WP(C)No.7106/2017, a direction was passed by this Court directing the respondents not to deduct any amount from the petitioner’s bill on account of forest royalty. 4. The accompanying contempt proceedings has been initiated on the ground that pursuant thereto the contemnor No.1 had deducted from the bills of the petitioner the forest royalty on 17.03.2018. 5. This Court enquired with the learned counsel as to whether there has been any further deductions. The learned counsel for the applicant submitted that there has been no further deductions, but on the ground that the incumbent Officer had been changed, the present application has been filed. Page No.# 4/4 6. It is the opinion of this Court that as the opposite party No.4 herein had not made any deductions, the question of there being any act of contempt by the opposite party No.4 does not arise. Consequently, it is the opinion of this Court that the instant application is misconceived, for which, the same is dismissed. JUDGE Comparing Assistant