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2014 DIGILAW 392 (GAU)

ABUL KALAM AZAD v. MOHAN BORO

2014-04-01

A.M.SAPRE

body2014
JUDGMENT 2. This contempt petition is filed under sections 11 and 12 of the Contempt of Court’s Act, 1971 read with the provisions of Contempt of Court (Gauhati High Court) Rules, 1977 and Article 215 of the Constitution of India by the petitioner of WP(C) No.628 of 2007 and decided by the learned Single Judge on 19.02.2007. 3. By the order under consideration out of which this contempt petition arises, the learned Single Judge allowed the writ petition with the direction to the respondents to consider the case of the petitioner. 4. The operative part of the order dated 19.02.2007 rendered in the WP(C) No. 628 of 2007 reads as follows: “By order dated 7.2.2007 passed in the writ petition, the learned Standing Counsel, PWD was requested to obtain instruction as to what course of action the respondent had taken towards compliance of the aforesaid order dated 26.09.2003. Ms. R. Deka, learned Standing Counsel, PWD referring to the decision of this Court passed in WP(C) No.3354/2004 (Jatin Pathak Vs. State of Assam) submits that the case of the petitioner will have to be considered in terms of the guidelines laid down therein. However, Mr. Atia, learned counsel for the petitioner submits that long before the judgment in Jatin Pathak’s case, the order dated 26.9.2003 have been passed in the writ petition filed by the petitioner, his case will have to be considered independently in the direction contained in Jatin Pathak’s case. Considering the submissions made by the learned counsel for the parties and the materials on record, I dispose of the writ petition providing that the respondent shall do the needful towards compliance with the order dated 26.09.2003 passed in WP(C) No.8139/2003 taking into account the guidelines laid down in Jatin Pathak’s case. The matter shall be considered as expeditiously as possible, preferably within five months. Writ petition is disposed of.” 5. Counsel for the petitioner, however, in this contempt complains that despite petitioner serving a notice on the respondents, the respondents have not considered the case of the petitioner. 6. The matter shall be considered as expeditiously as possible, preferably within five months. Writ petition is disposed of.” 5. Counsel for the petitioner, however, in this contempt complains that despite petitioner serving a notice on the respondents, the respondents have not considered the case of the petitioner. 6. Having heard the learned counsel for the petitioner and learned counsel for the respondents, I am inclined to dispose of this contempt petition by extending the period fixed in the order dated 19.02.2007 for its implementation by a further period of 6(six) months from to-day, as an outer limit provided no appeal is filed by the respondents and no stay is obtained of the order impugned therein. In other words, if no appeal is filed by the respondents and if filed and yet no stay is obtained, then order dated 19.02.2007 passed in WP(C) No. 628 of 2007 shall have to be complied with in letter and spirit by the respondents within 6(six) months from the date of this order. In case if order is not complied with even within the extended period fixed by the Court subject to what is discussed above, the respondents and all other authorities responsible for ensuring compliance shall be held guilty for committing contempt of this Court order and appropriate order(s) imposing punishment as provided under the Contempt of Courts’ Act would be passed against each of them. 7. The learned counsel for the respondents are requested to forward a copy of this order along with the copy of the original order dated 19.02.2007 passed in WP(C) No. 628 of 2007 to the respondents, i.e. the official concerned to enable them to ensure compliance as directed. The respondents will also communicate the compliance report to the petitioner as soon as it is complied with within the period fixed by this Court. 8. Subject to the aforesaid, this contempt petition stands disposed of. No cost.