Gauhati High Court
Cont.Cas(C)/402/2023 of MD. ANSAR UDDIN BARBHUIYA @ ANCHAR UDDIN AND 4 ORS Vs RAJ CHAKRABORTY AND 2 ORS on 14 May 2026
GAHC010122662023 2026:GAU-AS:6771 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/402/2023 MD. ANSAR UDDIN BARBHUIYA @ ANCHAR UDDIN AND 4 ORS S/O- LATE ABDUL BARI BARBHUIYA, R/O- VILL.- HARI NAGAR PART-I, P.O. KATIGORAH, DIST. CACHAR,
GAHC010122662023
2026:GAU-AS:6771
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/402/2023
MD. ANSAR UDDIN BARBHUIYA @ ANCHAR UDDIN AND 4 ORS
S/O- LATE ABDUL BARI BARBHUIYA, R/O- VILL.- HARI NAGAR PART-I, P.O.
KATIGORAH, DIST. CACHAR, ASSAM, PIN- 78885.
2: ON THE DEATH OF MOINUL HAQUE BARBHUIYA
HIS LEGAL HEIRS PARBIN SULTANA BARBHUIYA
W/O- LATE MOINUL HAQUE BARBHUIYA
R/O- VILL.- HARI NAGAR PART-I
P.O. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 78885.
3: MAKDAD AJIJ BARBHUIYA
S/O- LATE MOINUL HAQUE BARBHUIYA
TO BE REPRESENTED BY HIS MOTHER THAT IS PETITIONER NO. 2.
4: SMTI RAILA BEGUM
W/O- HABIJUR RAHMAN
R/O- VILL.- HARI NAGAR PART-I
P.O. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 78885.
5: NURUL HAQUE BARBHUIYA @ NURUL HAQUE
S/O- BATAI MIYA
R/O- VILL.- HARI NAGAR PART-I
P.O. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 78885
VERSUS
RAJ CHAKRABORTY AND 2 ORS
THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF
ASSAM, P.W.D. (BRC), DISPUR, GUWAHATI-6.
2:K. B. NATH
THE EXECUTIVE ENGINEER
P.W.D. (BRC) DIVISION
BADARPUR
DIST. KARIMGANJ
ASSAM
PIN- 788806.
3:ROHAN KUMAR JHA
DEPUTY COMMISSIONER
CACHAR
SILCHAR
DIST. CACHAR
ASSAM
PIN- 788001
For the Petitioner(s) : Mr. L. R. Mazumder, Advocate For the Respondent(s) : Mr. D. Nath, Sr. GA, Assam : Ms. K. Phukan, Advocate BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 15.05.2026
Mr. Aayush Garg, District Commissioner, Cachar is present pursuant to the order passed by this Court on 06.05.2026.
2. The present application has been filed alleging willful and deliberate violation to the order dated 23.11.2022 passed in WP(C) No.3463/2016 whereby the learned Coordinate Bench of this Court granted liberty to the Petitioners to file a representation within 15 days and the District Commissioner, Cachar was directed to cause an enquiry regarding the status of payment of the evaluated amount, and if it is found that any amount is payable to the Petitioners, the same be released to the Petitioners within a period of 2 (two) months from the date of receipt of the representation. On account of the payment having not been made in spite of submission of the representation, the Petitioners have approached this Court by filing the present contempt application.
3. A notice was issued in the instant contempt application as far back as on 08.09.2023.
4. The records reveal that an amount of Rs.11,41,666/- have already been deposited to the account of the District Commissioner, Cachar and there was a confirmation to that effect as on 24.09.2025. Under such circumstances, this Court took up the matter as to why in spite of the amount being available in the account of the Office of the District Commissioner, the payment of Rs.11,41,666/- was not made to the Petitioners. This Court therefore sought for personal appearance of the District Commissioner, Cachar through the video conferencing link.
5. Pursuant thereto, it is seen that on 06.05.2026 itself, the District Commissioner, Cachar had informed the Branch Manager of the Punjab National Bank, Silchar Branch to arrange e- transfer of the sanction amount to the Petitioners. It is also being informed that an amount of Rs.10,37,878/- have already been disbursed to the Petitioners.
6. This Court enquired with the District Commissioner, Cachar as to why the amount was reduced from Rs.11,41,666/- to Rs.10,37,878/-. It was informed that the amount has been paid to the Petitioners after making the necessary deductions towards the establishment cost and processing charges.
7. Taking into account the above, it is therefore the opinion of this Court that the judgment and order dated 23.11.2022 passed in WP(C) No.3463/2016 stands complied with.
8. Accordingly, the present contempt proceedings stands dropped.
9. It is however observed that the dropping of the instant contempt application shall not affect the Petitioners to approach the District Commissioner, Cachar under Section 18 of the Land Acquisition Act, 1894, if so advised, within a period of 6 (six) weeks from the date of the present order.
10. The personal appearance of Mr. Aayush Garg, District
Commissioner, Cachar stands dispensed with.
JUDGE Comparing Assistant