2024 Supreme(Online)(GAU) 28
HIGH COURT OF GAUHATI
MR. JUSTICE KAUSHIK GOSWAMI, J
.... – Appellant
Versus
IN RE- MS. KAVYASHREE MAHANATA – Respondent
Cont.Cas(C)(Suo Moto) / 1 / 2023
Advocates:
SC, GHC; MR. D NATH
Compliance with court orders is essential, and inadvertent violations may be mitigated by an unconditional apology, allowing for the closure of contempt proceedings.
Headnote:(A) Contempt of Courts Act, 1971 - Suo Moto Contempt - The court took suo moto cognizance of non-compliance with earlier orders regarding fishing activities, leading to a contempt case against the Secretary of the Fishery Department - The respondent canceled a conflicting order permitting fishing activities, complying with the court's directive. (Paras 2, 3, 4)
(B) Compliance with Court Orders - The court emphasized the necessity of adhering to its orders, stating that the violation was inadvertent and an unconditional apology was tendered by the respondent. (Paras 4, 5)
(C) Disposition of Contempt Petition - The court found that compliance had been achieved and decided to close the contempt petition. (Para 6)
Facts of the case:
The respondent issued an order allowing temporary fishing activities, which violated prior court orders. Following the court's suo moto cognizance, the conflicting order was canceled, and compliance was reported.
Findings of Court:
The court acknowledged compliance with its orders and accepted the respondent's apology for the inadvertent violation.
Issues: The main issues included the adherence to prior court orders and the nature of the violation.
Ratio Decidendi: The court ruled that compliance with court orders is paramount, and the respondent's apology mitigated the situation, allowing for the closure of the contempt petition.
Result: Contempt petition stands disposed of.
ORDER
10.06.2024 1. Heard Mr. H.K. Das, learned counsel for the petitioner. Also heard Mr. D. Nath, learned counsel for the sole respondent.
2. This Court on 17.03.2023 upon noticing that the order passed by this GAHC010067442023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)(Suo Moto)/1/2023 XXXX XXXXXXX VERSUS IN RE- MS. KAVYASHREE MAHANATA SECRETARY, FISHERY DEPARTMENT, GOVT. OF ASSAM, JANATA BHAWAN, GUWAHATI-781006 Advocate for the Petitioner : SC, GHC Advocate for the Respondent : MR. D NATH BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 10.06.2024 1. Heard Mr. H.K. Das, learned counsel for the petitioner. Also heard Mr. D. Nath, learned counsel for the sole respondent.
2. This Court on 17.03.2023 upon noticing that the order passed by this Court on 21.12.2022 in the connected writ petitions to the effect that “the Department however should ensure that there should not be any fishing activity by any third party in the meantime” was not followed, took suo-moto cognizance by registering a suo-moto contempt case against the petitioner. In the meantime, affidavits have been filed by the respondent. It appears that after the suo-moto cognizance, the respondent cancelled the order dated 28.02.2023, whereby interim fishing activity were permitted, against the order dated 21.12.2022. The aforesaid order reads as hereunder :
“ORDER Perused: The order of the Hon'ble High Court dated 17.3.2023 in WP(C) No.1478/2023 (No11 Part V Kalong Nadi Anchalik MSS Ltd VS SOA & Others) Perused: Govt order vide eCF No 269020/438 dated 28.2.2023 Examined: The order of the Hon'ble High Court dated 21.12.2022 in WP(C) No.4463/2022 This is regarding status of No 11 Part V Kalong Nadi Fishery in Morigaon district.
The said fishery was allowed to be temporarily run by Matshya Gandha Mashya Bebosayee SS Ltd on daily basis vide Govt order eCF No 269020/438 dated 28.2.2023 at their own bid value Rs 9,31,000.00 PA awarded to them in the settlement order vide Govt order No FISH 67/2021/319 dated 17.6.2022 in the interim till regular settlement through tender system in the light of order of the Hon'ble High Court dated 21.12.2022 in WPO No 4463/2022. But the Hon'ble High Court vide order dated 17.3.2023 in WP(C) No 1478/2023 expressed the view that the said order was in clear violation of the earlier order dated 30.6.2022 & 21.12.2022 in WP(C) 4463/2022. Following the verdict of the Hon'ble Court, the order of lease on daily basis in favour of Matshya Gandha Mashya Bebosayee SS Ltd passed vide Govt order eCF No 269020/438 dated 28.2.2023 is hereby cancelled with immediate effect. Consequently, DC, Morigaon is hereby directed to take over possession of the Fishery from the temporary lessee and keep it as Khas after clearing all constructions by the lessee immediately until further order from the Hon'ble High Court and report compliance to Govt forthwith so that the Compliance report may be submitted to the Hon'ble High Court through the Senior Govt Advocate, Assam.
Signed by Kavyashree Mahanta Date : 27-03-2023 11:44:04
Secretary to the Govt. of Assam, Fishery Department”
3. A bare perusal of the aforesaid order would indicate that post suo-moto cognizance, the order of the Court has been complied with by cancelling the order dated 28.02.2023, issued contrary to the order passed by this Court earlier. This Court further take note of the averments made in the affidavit and the additional affidavit of the respondents. Paragraph nos.3 & 4 of the affidavit dated 03.04.2023 is reproduced hereunder for ready reference:
“3. That the deponent begs unconditional apology before this Hon'ble Court before explaining the circumstances under which the Order dated 28.2.2023 was inadvertently issued. The deponent states that there was no deliberate or intentional attempt on her part to violate the Hon'ble Court Orders dated 30.6.2022 and 21.12.2022 and/or to circumvent the aforesaid Hon'ble Court Orders. The inadverte
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