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2025 DAILYLAW 9898 (GAU)

SANTOSH KUMAR JAIN AND 2 ORS. v. DEBA KUMAR MISHRA, ACS

RCRev./205/2025 · 2025-05-20

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/2 GAHC010065062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/205/2025 SANTOSH KUMAR JAIN AND 2 ORS. S/O LATE SHREECHAND JAIN, R/O 401 ABHINANDAN APARTMENT, H.S. ROAD, CHATRIBARI, GUWAHATI-781008, DIST- KAMRUP (M), ASSAM 2: SMT. SARITA JAIN W/O SHRI SANTOSH KUMAR JAIN R/O 401 ABHINANDAN APARTMENT H.S. ROAD CHATRIBARI GUWAHATI-781008 DIST- KAMRUP (M) ASSAM 3: SHREYANS JAIN S/O SHRI SANTOSH KUMAR JAIN R/O 401 ABHINANDAN APARTMENT H.S. ROAD CHATRIBARIGUWAHATI-781008 DIST- KAMRUP (M) ASSA VERSUS DEBA KUMAR MISHRA, ACS DISTRICT COMMISSIONER, KAMRUP (R), AMINGAON Advocate for the Petitioner : MR. S P ROY, MS. V RAI,MS. P AGARWALA,JYOTISH DAS Advocate for the Respondent : MR H SARMA, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 21.05.2025 Page No.# 2/2 1. Heard Mr. J. Das, learned counsel for the petitioner. Also heard Mr. H. Sarmah, learned State counsel representing the Deputy Commissioner. 2. The present contempt petition is filled alleging willful and deliberate violation of the order dated 27.01.2025 passed by this Court in WP(C) No. 226/2025, whereby, a direction was issued to the sole respondent (jurisdictional Deputy Commission) to take a decision on the application submitted by the petitioner for reclassification of the subject land within a period of 30 days from the date of receipt of the certified copy of the aforesaid order. 3. Mr. Sarmah, learned State counsel representing the Deputy Commissioner on 25.04.2025, obtained his instruction to the effect that proposal for reclassification of the land of the petitioner from agricultural to industrial class of land could not be processed in view of government Notification No. RLA.192/2017/30 dated 18.01.2008, which provides that land within 500 meters of both sides of National Highway be kept free from industries. 4. In view of the aforesaid, the learned counsel for the petitioner submits that this contempt petition may be closed, however, with a liberty to the petitioner to seek appropriate remedy including assailing the Notification No. RLA.192/2017/30 dated 18.01.2008. 5. Accordingly, the present contempt petition is closed with a liberty as prayed for. JUDGE Comparing Assistant