TILOK GAON RANCHAIDHAN SAMABAI SAMITY Vs. HABIBUR RAHMAN

JUDGEMENT

(1.) Heard Ms. B. Choudhury, learned amicus curiae and Mrs. R. Begum, learned counsel for the petitioner. None appears for the sole respondent.

(2.) This is an application under Article 215 of the Constitution of India read with Sec. 12 of the Contempt of Court's Act, 1971 and Contempt of Courts (Gauhati High Court) Rules, 1977 for initiating contempt proceedings against the contemnor for willful alleged violation of this Court's order dtd. 22/2/2019 passed in WP(C) No. 1165/2019.

(3.) It appears that since the sole respondent during the pendency of the contempt proceedings has retired from the post of Deputy Director, Food and Civil Supplies and Consumer Affairs, Bongaigaon, Assam, the petitioner requested for accommodation to take steps for impleading the new incumbent to the said post. However, no impleadment application of the new incumbent has been filed till date. On the last occasion, i.e., 15/7/2024, when the matter was called, Ms. R. Begum, learned counsel for the petitioner submitted that she has been instructed by the petitioner to withdraw the contempt petition as the address of the new incumbent could not be ascertained. At that stage, this Court requested Ms. B. Choudhury, learned counsel, who was present in the Court to assist this Court as to whether the contempt petition can be permitted to be withdrawn.