Gauhati High Court

I.A.(Civil)/1230/2026 of ABDUL HALIM SK Vs RAHUL KUMAR GUPTA IAS on 23 April 2026

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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

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