Gauhati High Court
I.A.(Civil)/3536/2026 of SWAPAN DAS Vs SANJIB KUMAR SARMAH on 11 October 2026
GAHC010201862026 2026:GAU-AS:15329 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3536/2026 SWAPAN DAS S/O DHIRENDRA DAS, R/O VILLAGE KALACHERAA, P.O. P.S. BAZARICHERRA, DISTRICT SRIBHUMI/KARIMGANJ, ASSAM-788727. VERSUS SANJIB KUMAR
GAHC010201862026
2026:GAU-AS:15329
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3536/2026
SWAPAN DAS
S/O DHIRENDRA DAS, R/O VILLAGE KALACHERAA, P.O. P.S.
BAZARICHERRA, DISTRICT SRIBHUMI/KARIMGANJ, ASSAM-788727.
VERSUS
SANJIB KUMAR SARMAH
I/C CHIEF ENGINEER (MINOR IRRIGATION), ASSAM, OFFICE OF THE
CHIEF ENGINEER, IRRIGATION, ASSAM, CHANDMARI, GUWAHATI 781003
Advocate for the Petitioner : MR. DAIYAN HUSSAIN, Advocate for the Respondent : MS. D S NEOG, Linked Case : Cont.Cas(C)/278/2026
SWAPAN DAS
S/O LATE DHIRENDRA DAS
R/O VILL- KALACHERAA
P.O AND P.S- BAZARICHERRA
DIST- SRIBHUMI
ASSAM
PIN 788727
VERSUS
UJJAL BORGOHAIN
(I/C) CHIEF ENGINEER (MINOR IRRIGATION)
ASSAM
OFFICE OF THE CHIEF ENGINEER
IRRIGATION
ASSAM
CHANDMARI
GUWAHATI- 781003
------------
Advocate for : MR. DAIYAN HUSSAIN
Advocate for : appearing for UJJAL BORGOHAIN
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 12.10.2026 Heard Mr. H. Islam, learned counsel for the applicant. Also heard Ms. D. S. Neog, learned counsel for the respondents.
2. This is an application praying for impleadment of one Sri Sanjib Kumar Sarmah (I/C), Chief Engineer (Minor Irrigation), Assam as contemnor/respondent in the accompanying contempt case being Cont.Cas(C)/278/2026.
3. The applicant has filed Cont.Cas(C)/278/2026 alleging wilful and deliberate non-compliance of the order dated 23.04.2025 passed in WP(C)/1880/2025, wherein the earlier incumbent has been arrayed as alleged contemnor.
4. During the pendency of the aforesaid contempt petition it is stated that the alleged contemnor has been transferred out and the opposite party has been posted and serving as In-charge of Chief Engineer (Minor Irrigation),
Assam. Therefore, applicant prays that the Opposite party may be allowed to be alleged contemnor No.2 in the connected contempt case.
5. Having considered that the Opposite party has been transferred and posted as In-charge of Chief Engineer (Minor Irrigation), Assam in place of alleged contemnor No.2, I am of the considered view that the Opposite Party would be a necessary party in the contempt petition.
6. Accordingly, Sri Sanjib Kumar Sarmah (I/C), is allowed to implead as alleged contemnor No.2 in the aforesaid Cont.Cas(C)/278/2026.
7. This Interlocutory Application stands allowed and disposed of.
JUDGE Comparing Assistant