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2025 DAILYLAW 26006 (GAU)

PUNYA ACHARYA AND 2 ORS v. PREETOM SAIKIA AND 3 ORS

MC/47/2025 · 2025-10-28

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010219152025 2025:GAU-AS:14436 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/47/2025 PUNYA ACHARYA AND 2 ORS S/O LATE TIKARAM ACHARYA , , VILLAGE BORAJULI NEPALI, PO BEDITI, PS BEHALI, DIST BISWANATH, SONITPUR, ASSAM 784179 2: AMRENDRA KUMAR SINHA S/O LATE RAJKISHOR SINGH RESIDENT OF VILLAGE 1 NO. NAMONIGAON THAKUR BARI ROAD PO RANGAPARA PS RANGAPARA DIST SONITPUR ASSAM 784505 ASSAM 3: SHIMA RANI DAS W/O SAJAL DAS RESIDENT OF SAMOR ALI JINI ALI HIGH SCHOOL VILLAGE OKSEK HATIBANDHA PO CHOWDHURY BAZAR PS MURAJHAR DIST HOJAI ASSAM 782439 ASSA VERSUS PREETOM SAIKIA AND 3 ORS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI 2:P JIDUNG DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI 781019 ASSAM Page No.# 2/4 3:SRI NARAYAN KONWAR COMMISSIONER AND SECRETARY GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI 781006 4:MOMOTA HOJAI DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI 781019 ASSA Advocate for the Petitioner : MS S PATOWARY, MR R SINGHA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 29.10.2025 Heard Mr. R. Singha, learned counsel appearing for the applicants. 2. By way of this application, the applicants are seeking restoration of I.A.(C) No. 1386/2025 in Cont.Cas(C)/451/2020. 3. The case of the applicants is that the applicants were few of the arrayed petitioners in the original writ petition, i.e., WP(C) No. 7649/2018, however, while the contempt petition, i.e., Cont.Cas(C)/451/2020, was filed, they have been inadvertently left out from the arrayment of parties in the contempt case. Accordingly, the impleading application was filed in the said contempt proceeding which was registered as I.A.(C) No. 1386/2025. 4. It is the specific case of the applicants that despite the pendency Page No.# 3/4 of the said impleadment application, on 05.09.2025, while this court closed the contempt case, it simply disposed of the impleadment application without impleading the applicants thereto. 5. Mr. R. Singha, learned counsel appearing for the applicants, submits that since the applicants were arrayed petitioners in the original writ petition, the contempt court ought to have allowed the impleadment application prior to closing the contempt case, and since the same has not been done, he is seeking restoration of the impleadment application. 6. Having heard the learned counsel and having perused the material placed before this court, it appears that upon the order of this court being complied with, non-compliance of which is alleged in the connected contempt proceedings, by order dated 05.09.2025, this court closed the said contempt proceedings. 7. It further appears that on the same date, i.e., 05.09.2025, the said impleadment application being I.A.(C) No. 1386/2025, was also disposed of. 8. The contempt proceedings having been closed, and the pending impleadment application therein having also been disposed of, the instant application for restoration of the said impleadment application in the contempt proceedings is not maintainable. Since the contempt proceedings have been closed, which is essentially between the court and the contemnor, no impleadment upon such closure of such contempt proceedings can be entertained. Page No.# 4/4 9. Hence, the present application for restoration of the said impleadment application stands rejected and disposed of. JUDGE Comparing Assistant