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2014 DIGILAW 592 (GAU)

KUMUD CHANDRA LAHKAR v. S R BIRDHI

2014-06-05

A.M.SAPRE

body2014
JUDGMENT : - Heard Mr. D. M. Thakuria, learned counsel for the petitioners and Mr. A.K. Sarkar, learned counsel for the respondents. 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.2829 of 2013 decided by the learned Single Judge on 14.06.2013. 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 14.06.2013 rendered in the connected WP(C) No.2829 of 2013 reads as follows: “By means of this writ petition, the petitioners numbering 7 have prayed for a direction to the respondents to give vacant possession of land measuring 3 Bighas 2 Kathas and 6 Lessas covered by Dag No. 546 of KP Pata No. 27 at Village - Rangia Town, Mouza-Panduri, alternatively it has also been prayed to grant acquisition compensation for acquiring the land by the respondent Railways. Mr. A.K. Sarkar, learned Standing Counsel, Railways upon instruction submits that the land belong to the railways and in fact there are railway quarters also. Since it is the definite case of the petitioners that the land belongs to them but on the other hand it is the claim of the respondents that the land belongs to the railways, the writ petition is disposed of granting liberty to the petitioners to approach the appropriate authority in the railways with a proper application agitating their grievance. In the event of such representation being made, the said authority shall dispose of the same taking note of all the attending fact sand circumstances and in accordance with law. Let the representation, if filed within 15 days from today, the authority in the railways shall dispose of the same within one month there after.” 5. Counsel for the petitioner, however, in this contempt complains that despite petitioner serving a legal notice on the respondents, the respondents have not considered the case of the petitioner. 6. Let the representation, if filed within 15 days from today, the authority in the railways shall dispose of the same within one month there after.” 5. Counsel for the petitioner, however, in this contempt complains that despite petitioner serving a legal 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 14.06.2013 for its implementation by a further period of 6(six) months from today, 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 14.06.2013 passed in WP(C) No. 2829 of 2013 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 14.06.2013 passed in WP(C) No. 2829 of 2013 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.