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2026 DAILYLAW 13361 (GAU)

BHABESH DAS v. MANOJ KUMAR DUTTA

Cont.Cas(C)/385/2026 · 2026-08-27

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/2 GAHC010150002026 2026:GAU-AS:12467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/385/2026 BHABESH DAS S/O LATE NAREN CHANDRA DAS, R/O PANDU SADILAPUR RIVER SIDE, SWAHID PARAG DAS PATH, P.O- PANDU, P.S- JALUKBARI, GUWAHATI, PIN- 781012, KAMRUP (M), ASSAM VERSUS MANOJ KUMAR DUTTA CIRCLE OFFICER, GUWAHATI REVENUE CIRCLE, KAMRUP (M), GUWAHATI Advocate for the petitioner(s): Mr. I Choudhury Advocate for the respondent(s): Mr. R Sahiinii B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 28.08.2026 Heard Mr. I Choudhury, the learned counsel appearing on behalf of the petitioner. Also heard Mr. R Sahiinii, the learned counsel who appears on behalf Page No.# 2/2 of the respondent. 2. The present contempt application has been filed alleging willful and deliberate violation to the order dated 23.02.2026 passed in WP(C)No.975/2026 whereby the learned Coordinate Bench of this Court had directed that till the returnable date, no coercive action be taken against the petitioner. The returnable date was fixed on 27.03.2026. 3. This Court has duly taken note of the records of WP(C)No.975/2026 wherein it is seen that the interim order which was passed on 23.02.2026 was not extended even on 12.08.2026. 4. Be that as it may, it is relevant to take note of that the direction so passed not to take coercive measures would not bar the respondent authorities for initiating any process or passing appropriate orders. In the instant case, the allegation is that on 29.06.2026, an order was passed that the current construction be dismantled and notice be issued for dismantling within 10(ten) days of the date of the receipt of the order. In the opinion of this Court, the same would not come within the ambit of the direction(s) passed not to take coercive measures. 5. Considering the above, it is the opinion of this Court that there is no case of willful and deliberate violation of the order dated 23.02.2026 passed by this Court in WP(C)No.975/2026 being made out, for which, the contempt petition stands closed. JUDGE Comparing Assistant