Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010115412023
2025:GAU-AS:17447
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/756/2023 LINTUMONI BORA S/O- JOTIN NATH BORA, VILL. AND P.O. DAKHIN CHANGCHAKI, P.S.
KAMPUR, DIST. NAGAON, ASSAM, PIN- 782426. VERSUS PANKAJ AGARWAL AND ORS THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GHY-6.
2:BORSING RONGPI THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT CHANDMARI GHY-03.
3:JAGADIPAN DEY THE SUPERINTENDENT ENGINEER WATER RESOURCE CIRCLE NAGAON P.O.
P.S. AND DIST. NAGAON ASSAM PIN- 782001.
4:PINKU MOZUMDER THE EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT NAGAON WATER RESOURCE DIVISION NAGAON P.O.
P.S. AND DIST. NAGAON
Page No.# 2/3 ASSAM PIN- 782001.
5:SRI S ABBASI THE I/C SECRETARY TO THE GOVT OF ASSAM WATER RESOURCE DEPARTMENT DIPSUR GUWAHATI-06 6:SIDHARTHA SARMA THE EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT NAGAON WATER RESOURCE DIVISION NAGAON P.O AND P.S AND DIST-NAGAON ASSAM PIN-78200 For the Petitioner(s) : None appears.
For the Respondent(s) : Ms. Tinlung, Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.12.2025
None appears on behalf of the Petitioner on call.
2. Ms. Tinlung, the learned Standing counsel for the Respondent submitted that the order passed by this Court dated 27.09.2022 in WP(C) No.2979/2022 cannot be complied with in the facts of the instant case inasmuch as without the release of money by the Ministry of Jal Shakti to whom directions have been issued and thereupon to make payment, the question of there being any willful and deliberate violation to the order dated 27.09.2022 passed by this Court does not arise. She therefore submitted that the instant contempt proceedings therefore ought to be
Page No.# 3/3 dropped.
3. This Court has duly perused the order dated 27.09.2022 passed in WP(C) No. 2979/2022 wherein the learned Coordinate Bench of this Court had passed three directions. One of such directions is that the Ministry of Jal Shakti has to release the funds to the Water Resource Department of the Government of Assam and then only the payment can be made to the writ petitioner.
4. There is no statement in the instant proceedings that the Ministry of Jal Shakti has released the said amount and the Respondent had not paid. Under such circumstances, no case of willful and deliberate violation to the order dated 27.09.2022 passed in WP(C) No. 2979/2022 has been made out for which the instant contempt proceedings stands dropped.
JUDGE Comparing Assistant