This is an interim order on an application for condonation of delay in filing an appeal. The High Court found sufficiency in the cause for the 30-day delay and allowed the application.
Condonation of delay of 30 days in filing the annexed appeal.
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GAHC010113372018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1857/2018 in W.A. No.158 of 2018
1:SRI RAMEN SAUD AND 2 ORS
S/O DINESH SAUD, VILLAGE AND P.O. MOROWA,P.S. NALBARI, DIST. NALBARI, ASSAM
2: SRI DHIRAJ KALITA
S/O SRI LAKSHI RAM KALITA
VILLAGE PURAN KATAHI
P.O.AND P.S. CHHAYGAON DIST. KAMRUP ASSAM
3: SRI KRISHNA KANTA BAYAN S/O SRI ANANTA RAM BAYAN
VILLAGE PACHIM BORAGAON P.O. AND P.S. GORCHUK GUWAHATI DIST KAMRUP ASSA
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM IRRIGATION DEPARTMENT , CHANDMARI ,GUWAHATI .781003 KAMRUP ,ASSAM
2:THE CHIEF ENGINEER IRRIGATION DEPARTMENT ASSAM
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CHANDMARE GUWAHATI .781003 KAMRUP ASSAM
3:THE CHIEF ENGINEER MINOR IRRIGATION DEPARTMENT ASSAM CHANDMARI GUWAHATI .781003 KAMRUP ASSAM
4:THE ADDITIONAL CHIEF ENGINEER IRRIGATION DEPARTMENT ZONE -II ASSAM TEZPUR SONITPUR ASSAM .
5:THE SUPERINTENDING ENGINEER TEZPUR CIRCLE IRRIGATION TEZPUR SONITPUR ASSAM
6:THE EXECUTIVE ENGINEER TEZPUR DIVISION IRRIGATION TEZPUR SONITPUR ASSA
Advocate for the Petitioner : MR. K N CHOUDHURY, SENIOR ADVOCATE
Advocate for the Respondent : DR. B AHMED
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B E F O R E
HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
01-06-2018
(Ajit Singh, C.J.)
Mr. K.N. Choudhury, learned senior counsel assisted by Mr. B.K. Kashyap, learned counsel for the applicants.
Dr. B. Ahmed, learned Standing Counsel, Irrigation Department assisted by Mr. A.K. Azad, learned counsel for the respondents.
Heard on I.A. (Civil) No.1857 of 2018, which is an application for condonation of delay.
There is a delay of 30 days in filing the annexed appeal.
For the reasons stated in the application, we are convinced that the applicants were prevented by sufficient cause from filing the annexed appeal within the prescribed period of limitation.
The delay is, accordingly, condoned and the application is allowed.
Sd/Sd/-
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether the delay of 30 days in filing the appeal can be condoned due to sufficient cause.
Sri Ramen Saud and 2 Ors
The State of Assam and 5 Ors
Ajit Singh
Achintya Malla Bujar Barua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
