Gauhati High Court

Cont.Cas(C)/198/2023 of MD. INTAZ ALI Vs BORSING RONGPI AND 2 ORS on 26 April 2026

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GAHC010072692023 2026:GAU-AS:5816 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/198/2023 MD. INTAZ ALI S/O JALINUS ALI, R/O MORIMUSLIM GAON, WARD NO. 7, P.O. AND P.S.- MORIGAON, DIST-MORIGAON, ASSAM, PIN-782105 VERSUS BORSING RONGPI

GAHC010072692023

2026:GAU-AS:5816

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Cont.Cas(C)/198/2023

MD. INTAZ ALI

S/O JALINUS ALI, R/O MORIMUSLIM GAON, WARD NO. 7, P.O. AND P.S.- MORIGAON, DIST-MORIGAON, ASSAM, PIN-782105

VERSUS

BORSING RONGPI AND 2 ORS

CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BASISTHA, GUWAHATI, ASSAM, ASSAM WATER CENTRE, GUWAHATI-781029

2:JAGADIPAN DEY

THE SUPERINTENDING ENGINEER

WATER RESOURCES DEPARTMENT

NOGAON CIRCLE

DIST-NAGAON

ASSAM

PIN-782001

3:LOCHAN CHOUDHURY

EXECUTIVE ENGINEER

WATER RESOURCE DEPARTMENT

MORIGAON WATER RESOURCE DIVISION MORIGAON

P.O. AND DIST-MORIGAON

ASSAM

PIN-78210

Advocate for the petitioner(s): None appears Advocate for the respondent(s): Ms. R Deka for respondent No.3

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

27.04.2026 None appears on behalf of the petitioner on call.

2. This is an application filed alleging willful and deliberate violation of the judgment and order dated 27.09.2022 passed in WP(C)No.7380/2021.

3. The respondent No.3 has filed an affidavit-in-opposition, wherein it is specifically mentioned that the Deputy Secretary (II) to the Government of Assam has forwarded the Monitoring Status Report of Flood Management Programme (FMP) Schemes along with all requisite document to the Deputy Chief Engineer, Brahmaputra Board, Basistha on 28.05.2024 as per the directions passed in the order dated 27.09.2022.

4. Ms. R Deka, the learned counsel appearing on behalf of the respondent No.3 submits that unless and until, the petitioner herein does not implead the concerned authorities in the Ministry of Jal Shakti as well as the Brahmaputra Board as parties to the instant proceedings, the instant proceedings cannot be further proceeded with.

5. It is seen that the learned counsel appearing on behalf of the petitioner sought for time on 22.03.2024 for filing the impleadment application. Subsequently, again after one year on 16.07.2025, the learned counsel for the petitioner has sought for time.

6. Today, none has appeared on behalf of the petitioner.

7. Taking into account that the judgment and order dated 27.09.2022 passed in WP(C)No.7380/2021 cannot be complied with unless and until the petitioner impleads the necessary parties, this Court cannot proceed with the instant contempt proceedings.

8. Under such circumstances, as the petitioner has not filed the impleadment application, inspite of a passage of 2(two) years having been elapsed, the instant contempt proceedings stands closed.

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