Gauhati High Court
I.A.(Civil)/1230/2026 of ABDUL HALIM SK Vs RAHUL KUMAR GUPTA IAS on 23 April 2026
GAHC010076482026 2026:GAU-AS:5791 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1230/2026 ABDUL HALIM SK S/O SOBDER ALI, R/O VILL- CHARKASHARIPARA, P.O.- FULERCHAR, P.S.- SUKCHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135
GAHC010076482026
2026:GAU-AS:5791
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1230/2026
ABDUL HALIM SK
S/O SOBDER ALI, R/O VILL- CHARKASHARIPARA, P.O.- FULERCHAR, P.S.- SUKCHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135
VERSUS
RAHUL KUMAR GUPTA IAS
DISTRICT COMMISSIONER, SOUTH SALMARA MANKACHAR DISTRICT, HATSINGIMARI, P.O.- HATSINGIMARI, PIN-783135
2:ACHINTYO ROY
ACS
ELECTION OFFICER
DIST- SOUTH SALMARA HATSINGIMARI
ASSAM
PIN-783135
3:SHRI M.S MANIVANNAN
IAS
COMMISSIONER AND SECRETARY TO THE GENERAL ADMINISTRATIVE
DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHAT
Advocate for the Petitioner : MR R ISLAM, MS. A HUSSAIN
Advocate for the Respondent : MR. A S TAPADER, MR R DHAR
Page No.# 2/4
Linked Case : Cont.Cas(C)/287/2025
ABDUL HALIM SK
S/O SOBDER ALI
R/O VILL- CHARKASHARIPARA
P.O.- FULERCHAR
P.S.- SUKCHAR
DIST- SOUTH SALMARA MANKACHAR
ASSAM
PIN- 783135
VERSUS
RAHUL KUMAR GUPTA
IAS AND ANR
DISTRICT COMMISSIONER
2:ACHINTYO ROY
ACS
ELECTION OFFICER
DIST- SOUTH SALMARA HATSINGIMARI
ASSAM
PIN-783135
------------
Advocate for the applicant(s): Mr. R Islam Advocate for the respondent(s): Mr. R Dhar For respondent No.1.
Mr. A Saharia for respondent No.2
Page No.# 3/4
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
24.04.2026 Heard Mr. R Islam, the learned counsel appearing on behalf of the applicant. Also heard Mr. R Dhar, the learned counsel who appears on behalf of respondent No.1 and Mr. A Saharia, the learned counsel who appears on behalf of the respondent No.2.
2. This is an application seeking impleadment of the Commissioner & Secretary to the Government of Assam in the General Administration Department as a party to the accompanying contempt application being Cont.Cas(C)No.287/2025.
3. The reasons for impleading the Commissioner & Secretary to the Government of Assam in the General Administration Department is that vide the order dated 14.02.2025 passed in WP(C)No.5083/2024, there was a direction issued by the learned Coordinate Bench of this Court that the claim of the petitioner amounting to Rs.6,91,494/- should be verified and thereupon payments be made by following the judgment of the Full Bench of this Court rendered in Tamsher Ali Vs. the State of Assam and Ors., reported in 2008 (4) GLT 1. As the order dated 14.02.2025 passed in WP(C)No.5083/2024 was not complied with, the accompanying contempt application was filed.
4. During the course of hearing of the said contempt application, it came to light that the respondent Nos.1 and 2 had already taken effective steps for compliance of the order dated 14.02.2025 passed in WP(C)No.5083/2024, but on account of the Commissioner & Secretary to the Government of Assam in the General Administration Department not taking effective steps for compliance of the order dated 14.02.2025 passed in WP(C)No.5083/2024, the respondent Nos.1 and 2 in the accompanying contempt application are not in a position to give effect to the order dated 14.02.2025.
5. Taking into account the above, it is the opinion of this Court that the impleadment of the opposite party No.3 in the instant application is necessary for due compliance to the order dated 14.02.2025 passed in WP(C)No.5083/2024. Accordingly the opposite party No.3 in the instant application is impleaded as respondent No.3 in the accompanying contempt application.
6. The learned counsel appearing on behalf of the applicant/petitioner is directed to file a fresh memo of parties before the Registry of this Court and the Registry on the basis of the said memo of appeal as well as the instant order shall make the necessary corrections in the cause-title of the contempt application and update the same in the CIS.
7. Interlocutory application, accordingly, stands disposed of.
JUDGE
Comparing Assistant