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2026 DAILYLAW 5145 (GAU)

ABDUL HALIM SK v. RAHUL KUMAR GUPTA IAS

I.A.(Civil)/1230/2026 · 2026-04-23

Devashis Baruah

body2026

Judgment text

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Page No.# 1/4 GAHC010076482026 2026:GAU-AS:5791 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1230/2026 ABDUL HALIM SK S/O SOBDER ALI, R/O VILL- CHARKASHARIPARA, P.O.- FULERCHAR, P.S.- SUKCHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135 VERSUS RAHUL KUMAR GUPTA IAS DISTRICT COMMISSIONER, SOUTH SALMARA MANKACHAR DISTRICT, HATSINGIMARI, P.O.- HATSINGIMARI, PIN-783135 2:ACHINTYO ROY ACS ELECTION OFFICER SOUTH SALMARA MANKACHAR DISTRICT HATSINGIMARI P.O.- HATSINGIMARI DIST- SOUTH SALMARA HATSINGIMARI ASSAM PIN-783135 3:SHRI M.S MANIVANNAN IAS COMMISSIONER AND SECRETARY TO THE GENERAL ADMINISTRATIVE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHAT Advocate for the Petitioner : MR R ISLAM, MS. A HUSSAIN Advocate for the Respondent : MR. A S TAPADER, MR R DHAR Page No.# 2/4 Linked Case : Cont.Cas(C)/287/2025 ABDUL HALIM SK S/O SOBDER ALI R/O VILL- CHARKASHARIPARA P.O.- FULERCHAR P.S.- SUKCHAR DIST- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 VERSUS RAHUL KUMAR GUPTA IAS AND ANR DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR DISTRICT HATSINGIMARI P.O.- HATSINGIMARI PIN-783135 2:ACHINTYO ROY ACS ELECTION OFFICER SOUTH SALMARA MANKACHAR DISTRICT HATSINGIMARI P.O.- HATSINGIMARI DIST- SOUTH SALMARA HATSINGIMARI ASSAM PIN-783135 ------------ Advocate for the applicant(s): Mr. R Islam Advocate for the respondent(s): Mr. R Dhar For respondent No.1. Mr. A Saharia for respondent No.2 Page No.# 3/4 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 24.04.2026 Heard Mr. R Islam, the learned counsel appearing on behalf of the applicant. Also heard Mr. R Dhar, the learned counsel who appears on behalf of respondent No.1 and Mr. A Saharia, the learned counsel who appears on behalf of the respondent No.2. 2. This is an application seeking impleadment of the Commissioner & Secretary to the Government of Assam in the General Administration Department as a party to the accompanying contempt application being Cont.Cas(C)No.287/2025. 3. The reasons for impleading the Commissioner & Secretary to the Government of Assam in the General Administration Department is that vide the order dated 14.02.2025 passed in WP(C)No.5083/2024, there was a direction issued by the learned Coordinate Bench of this Court that the claim of the petitioner amounting to Rs.6,91,494/- should be verified and thereupon payments be made by following the judgment of the Full Bench of this Court rendered in Tamsher Ali Vs. the State of Assam and Ors., reported in 2008 (4) GLT 1. As the order dated 14.02.2025 passed in WP(C)No.5083/2024 was not complied with, the accompanying contempt application was filed. 4. During the course of hearing of the said contempt application, it came to light that the respondent Nos.1 and 2 had already taken effective steps for compliance of the order dated 14.02.2025 passed in WP(C)No.5083/2024, but Page No.# 4/4 on account of the Commissioner & Secretary to the Government of Assam in the General Administration Department not taking effective steps for compliance of the order dated 14.02.2025 passed in WP(C)No.5083/2024, the respondent Nos.1 and 2 in the accompanying contempt application are not in a position to give effect to the order dated 14.02.2025. 5. Taking into account the above, it is the opinion of this Court that the impleadment of the opposite party No.3 in the instant application is necessary for due compliance to the order dated 14.02.2025 passed in WP(C)No.5083/2024. Accordingly the opposite party No.3 in the instant application is impleaded as respondent No.3 in the accompanying contempt application. 6. The learned counsel appearing on behalf of the applicant/petitioner is directed to file a fresh memo of parties before the Registry of this Court and the Registry on the basis of the said memo of appeal as well as the instant order shall make the necessary corrections in the cause-title of the contempt application and update the same in the CIS. 7. Interlocutory application, accordingly, stands disposed of. JUDGE Comparing Assistant