Cont.Cas(C)/403/2023 of PRAVEEN KUMAR GUPTA Vs KM GOPAL SANA RAJKUMAR on 14 May 2026

-ORDER-

15.05.2026 Heard Mr. K. Sarma, the learned counsel appearing on behalf of the petitioner and Mr. N Upadhyay, learned Standing Counsel, Irrigation Department. [2] This is an application alleging willful and deliberate violation to the order dated 10.02.2023 passed in WP(C) 241/2021, whereby the learned co-ordinate Bench of this Court directed that the claim of the petitioner be verified and paid in terms of the Full Bench judgment of this Court in the case of Tamsher Ali & Ors. vs. State of Assam & Ors., reported in 2008 (4) GLT 1. [3] On account of no payment been made, the petitioner had approached this Court by filing the present petition. [4] Mr. N Upadhyay, the learned Standing Counsel, Irrigation Department pursuant to the order passed by this Court on 11.05.2026 has placed before this Court a speaking order dated 08.12.2023, wherein it was mentioned that the claim of the petitioner was unjustified, inasmuch as, the work was completed by one Babul Nath and the said Babul Nath has been paid his dues, as per the work so done. In that regard he has placed before this Court the instructions, dated 21.12.2023 of the Chief Engineer, Irrigation, which is accompanied by the speaking order, dated 08.12.2023 and both are kept collectively on record and marked with the letter ‘X’. [5] Taking into account the speaking order, dated 08.12.2023, nothing further survives in the contempt petition, for which the same stands closed. [6] Before parting with the records, this Court, however, observes that if the petitioner is aggrieved with the speaking order dated 08.12.2023, the petitioner would have the liberty to approach the appropriate forum, if so advised. JUDGE Comparing Assistant