Allowance of an application to restore a mistakenly dismissed writ petition due to counsel's oversight. The High Court recalled its prior order of dismissal and disposed of the current application.
Recalled the order dated 03.01.2018 dismissing the writ petition and disposed of the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010012482018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 218/2018
1:KAMDHENU SELF HELP GROUP
RONGDOI BHAGONIA GAON, REP. BY SRI BISWAJIT BORAH, SECY., S/OSRI JONARAM BORAH, RONGDOI BHAGONIA GAON, P.O.- RONGDOI CHARIALI, P.S.- JORHAT, ASSAM, JORHAT- 785001.
VERSUS
1:STATE OF ASSAM
REP. BY THE COMMISSIONER CUM SECY., PLANNING AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY- 6.
Advocate for the Petitioner : MR. Y DOLOI Advocate for the Respondent : MR. R GOSWAMI
Linked Case : WP(C) 6490/2010
1:KAMDHENU SELF HELP GROUP
BHAGONIA GAON REPRESENTED BY SRI BISWAJIT BORAH SECRETARY S/O SRIK JONARAM BORAH RONGDOI BHAGONIA GAON P.O. RONGDOI CHARIALI P.S. JORHAT ASSAM JORHAT-785001.
VERSUS
1:THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER CUM SECRETARY PLANNING AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6.
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2:THE DEPUTY COMMISSIONER JORHAT.
3:CHIEF EXECUTIVE OFFICER ZILLA PARISHAD JORHAT.
4:DISTRICT VETERINARY OFFICER JORHAT OLD CIRCUIT HOUSE ROAD JORHAT-1.
5:THE DEPUTY DIRECTOR DIARY JORHAT ZONE JORHAT. 6:ASSTT. DIARY DEVELOPMENTK OFFICER TOWN MILK SUPPLY SCHEME ROWRRAH P.O. BORBHETA JORHAT.
7:VETERINARY ASSISTANT SURGEON RONGDOI BAHANA JORHAT.
8:SENIOR MANAGER ASSAM GRAMIN BIKASH BANK LEAD BANK REGIONAL OFFICE KUSHAL KONWAR PATH NEW AMALAPATTY GOLAGHAT.
9:NATIONAL INSURANCE CO. LTD. DIVISIONAL OFFICE K.B. ROAD JORHAT. Advocate for the Petitioner : MR.Y DOLOI Advocate for the Respondent : GA ASSAM
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:: BEFORE ::
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
-O R D E R-
08.03.2018
Heard Mr. A Deb, learned counsel for the petitioner. Also heard Mr. S Dutta, learned Senior Counsel assisted by Mr. C Sharma, learned counsel for the respondent No. 8 and Ms. P Borthakur, learned counsel for the respondent No. 9 and Mr. SR Baruah, learned Government Advocate for the rest of the respondents.
The connected writ petition i.e. WP(C) No. 6490/2010 was listed in the Hearing List of 02.01.2018 to 28.02.2018 and the learned counsel for the petitioner overlooked the said item and the said list was distributed in two separate courts. The learned counsel was following the said item which was listed in item No. 14 in Court No. 7 wherein the Part-II Hearing List was taken. As a result, the said writ petition was dismissed while the other court took up the matter for hearing. Admitting the said inadvertent mistake on the part of the learned counsel, Mr. Deb submits that the writ petition be restored back to file.
Mr. Dutta, learned Senior Counsel, Ms. Borthakur and Mr. Baruah fairly submit that they have no objection if the same is restored back to file.
Considering the same, this application is allowed thereby recalling the order dated 03.01.2018. This petition is disposed of.
JUDGE
Comparing Assistant
Kamdhenu Self Help Group
State of Assam
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
