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2025 DAILYLAW 27175 (GAU)

BISWAJIT SARMA v. BORSING RONGPI

Cont.Cas(C)/727/2023 · 2025-12-14

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010273532023 2025:GAU-AS:17446 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/727/2023 BISWAJIT SARMA S/O SRI ANIL CH. SARMA, R/O KALYANI SAGAR PATH, HOUSE NO. 6, P.O.- NARAKASUR, KAHILIPARA, P.S.-DISPUR, GUWAHATI-781019, DIST- KAMRUP (M), ASSAM VERSUS BORSING RONGPI CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, ASSAM, CHANDMARI, GUWAHATI-781003 For the Petitioner(s) : None appears. For the Respondent(s) : Ms. Tinlung, Standing Counsel 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 appearing on behalf of the Respondent submitted that the instant contempt application cannot Page No.# 2/2 be proceeded with inasmuch as the Petitioner has not taken any steps insofar as the Ministry of Jal Shakti is concerned. The learned Standing counsel submitted that in the instant case, as per the order dated 27.09.2022 passed in WP(C) No.6528/2021, this Court had passed certain directions which includes a direction to the Ministry of Jal Shakti to release the amount. The learned Standing counsel further submitted that unless the Ministry of Jal Shakti releases the amount, the Respondent herein cannot make any payment. She therefore submitted that the instant contempt proceedings therefore ought to be dropped. 3. This Court has duly perused the order dated 27.09.2022 passed in WP(C) No.6528/2021 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.6528/2021 has been made out for which the instant contempt proceedings stands dropped. JUDGE Comparing Assistant