Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7989 (GAU)

SUREN BORO v. BIREN PHUKAN AND 2 ORS

Cont.Cas(C)/114/2020 · 2025-10-21

Sanjay Kumar Medhi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010036682020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/114/2020 SUREN BORO S/O- SRI HAGA RAM BORO, R/O- VILL AND P.O- DIMAKUCHI, DIST- UDALGURI, ASSAM, PIN- 784526 VERSUS BIREN PHUKAN AND 2 ORS THE PRINCIPAL SECRETARY TO THE BTC, BODOFA NAGAR, KOKRAJHAR, ASSAM, PIN- 783370 2:DHARANIDHAR BODO SECRETARY TO THE BTC BODOFA NAGAR KOKRAJHAR PIN- 783370 3:RAJENDRA NATH BRAHMA I/C JOINT SECRETARY UNDER SECRETARY TO THE BTC BODOFA NAGAR KOKRAJHAR PIN- 783370 4:AKASH DEEP PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BODOFA NAGAR KOKRAJHAR ASSAM-783370 5:SANTA BAGLARY SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL Page No.# 2/3 BODOFA NAGAR KOKRAJHAR ASSAM-783370 6:SUJIT BASUMATARY JOINT SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM-78337 Advocate for the Petitioner : MR. K BHATTACHARJEE, MR. M SAIKIA,MS B TALUKDAR Advocate for the Respondent : MR. S BORA (R-4,5), MR. R K MUSHAHARY (R-4,5),MR. D SAIKIA (R-4,5) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 22.10.2025 Shri K. Bhattacharjee, learned counsel for the petitioner. Shri S. Bora, learned counsel for the respondent no. 4 has submitted that due steps have been taken in compliance of the order in question as per which the chronological list has been prepared by following the guidelines laid down by the Full Bench of this Court in the case of Tamsher Ali & Ors. vs-State of Assam and Others, reported in 2008 (4) GLT 1. By drawing the attention of this Court to the affidavit filed in this regard on 06.06.2025 by the respondent no. 4, the learned counsel has submitted that there is no willful or deliberate disobedience to the order in question. Shri Bhattacharjee, learned counsel for the petitioner has fairly submitted that mere putting the name in the chronological order would only be one step towards the compliance and the full compliance order has to be done by the respondents. Page No.# 3/3 After taking into consideration the rival submissions, this Court is of the opinion that the present facts and circumstances may not demonstrate a case of willful or deliberate disobedience. At the same time, the aspect of bringing the order into a logical conclusion is there and the respondent authorities are duty bound to do so. With the aforesaid observation, this contempt petition is closed. JUDGE Comparing Assistant