Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:5423
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/87/2025 M/S BASUMATARY ENTERPRISE AND ANR A PROPRIETORSHIP CONCERN, HAVING ITS OFFICE AT BANDUGURI, DAMGAIGAON, CHIRANG, ASSAM-783380, REPRESENTED HEREIN BY ITS PROPRIETOR SRI MUKTA BASUMATARY.
2: MUKTA BASUMATARY S/O- LATE MUNINDRA BASUMATARY R/O- BANDUGURI DANGAIGAON CHIRANG ASSAM-783380 VERSUS AKASH DEEP PRINCIPAL SECRETARY, BODOLAND TERRITORIAL COUNCIL, KOKRAJHAR, ASSAM, PIN-783370.
Advocate for the petitioner(s): Mr. J Abbas
Advocate for the respondent(s): Ms. N Choudhury
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
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Heard Mr. J Abbas, the learned counsel appearing on behalf of the petitioners. Ms. N Choudhury, the learned counsel appears on behalf of the respondent contemnor.
2. This is an application filed alleging willful and deliberate violation of the
order dated 28.08.2024 passed in WP(C)No.1770/2022. A perusal of the order dated 28.08.2024 shows that the petitioner claiming that he had supplied materials to the respondents in different Health Care Facilities during the COVID-19 pandemic sought for certain directions for payment. There is nothing mentioned in the order dated 28.08.2024 as to what is the claim of the petitioner. On the other hand, the respondents have also filed an affidavit in the writ proceedings to the effect that the In-Charge of the Central Drugs Ware House, BTC vide letter dated 02.05.2024 submitted a tabulation of various items received from the petitioner for all Government and Non-Government Officers of four districts of BTC including BTC Secretariat for Covid-19 crisis related supply. But there is no indication regarding the rate of items.
3. It was further mentioned in the said affidavit that the petitioner’s claim is being examined and once the process is complete and found eligible for making payment, the decision will be taken in the light of the directions in Tamsher Ali & Ors. Vs. the State of Assam & Ors. reported in 2008(4)GLT 1.
4. The learned Coordinate Bench of this Court vide the order dated 28.08.2024 directed the petitioner to submit a representation to the Principal Secretary, BTC stating his claim and thereby directing the Principal Secretary, BTC to verify the amount claimed by the petitioner and if found admissible to make the payment.
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5. This Court has perused the representation which was submitted by the petitioner on 05.09.2024 wherein also there is not a whisper as to what is the claimed amount of the petitioner.
6. Under such circumstances, as the petitioner has not stated what is the claimed amount of the petitioner in the representation, the question of there being a willful and deliberate violation to the order dated 28.08.2024 passed in WP(C)No.1770/2022 does not arise.
7. Accordingly, the contempt proceeding stands dropped.
JUDGE Comparing Assistant