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2026 DAILYLAW 5244 (GAU)

MD. INTAZ ALI v. BORSING RONGPI AND 2 ORS

Cont.Cas(C)/198/2023 · 2026-04-26

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010072692023 2026:GAU-AS:5816 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/198/2023 MD. INTAZ ALI S/O JALINUS ALI, R/O MORIMUSLIM GAON, WARD NO. 7, P.O. AND P.S.- MORIGAON, DIST-MORIGAON, ASSAM, PIN-782105 VERSUS BORSING RONGPI AND 2 ORS CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BASISTHA, GUWAHATI, ASSAM, ASSAM WATER CENTRE, GUWAHATI-781029 2:JAGADIPAN DEY THE SUPERINTENDING ENGINEER WATER RESOURCES DEPARTMENT NOGAON CIRCLE DIST-NAGAON ASSAM PIN-782001 3:LOCHAN CHOUDHURY EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT MORIGAON WATER RESOURCE DIVISION MORIGAON P.O. AND DIST-MORIGAON ASSAM PIN-78210 Advocate for the petitioner(s): None appears Advocate for the respondent(s): Ms. R Deka for respondent No.3 Page No.# 2/3 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 27.04.2026 None appears on behalf of the petitioner on call. 2. This is an application filed alleging willful and deliberate violation of the judgment and order dated 27.09.2022 passed in WP(C)No.7380/2021. 3. The respondent No.3 has filed an affidavit-in-opposition, wherein it is specifically mentioned that the Deputy Secretary (II) to the Government of Assam has forwarded the Monitoring Status Report of Flood Management Programme (FMP) Schemes along with all requisite document to the Deputy Chief Engineer, Brahmaputra Board, Basistha on 28.05.2024 as per the directions passed in the order dated 27.09.2022. 4. Ms. R Deka, the learned counsel appearing on behalf of the respondent No.3 submits that unless and until, the petitioner herein does not implead the concerned authorities in the Ministry of Jal Shakti as well as the Brahmaputra Board as parties to the instant proceedings, the instant proceedings cannot be further proceeded with. 5. It is seen that the learned counsel appearing on behalf of the petitioner sought for time on 22.03.2024 for filing the impleadment application. Subsequently, again after one year on 16.07.2025, the learned counsel for the petitioner has sought for time. 6. Today, none has appeared on behalf of the petitioner. Page No.# 3/3 7. Taking into account that the judgment and order dated 27.09.2022 passed in WP(C)No.7380/2021 cannot be complied with unless and until the petitioner impleads the necessary parties, this Court cannot proceed with the instant contempt proceedings. 8. Under such circumstances, as the petitioner has not filed the impleadment application, inspite of a passage of 2(two) years having been elapsed, the instant contempt proceedings stands closed. JUDGE Comparing Assistant