This order recalls an impugned decision dismissing a writ petition due to counsel's absence. The court allowed the filing and restored the Writ Petition No. 281/2012 upon hearing the petitioner.
The order of dismissal is recalled; the Writ Petition No. 281/2012 is restored.
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.
Page No.# 1/2
GAHC010025562018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 428/2018
1:FAZAL HOQUE
S/O- LT. HAJI MUKDAM ALI, R/O VILL./P.O.- KAMALPUR, P.S.- BARPETA
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DISPUR, GHY- 6.
Advocate for the Petitioner : MR. S A AHMED Advocate for the Respondent : GA, ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
-O R D E R-
02.04.2018
Heard Mr. SA Ahmed, learned counsel for the petitioner. Also heard Ms. S Parbin, learned counsel for the respondent No. 6 and Mr. SR Baruah, learned counsel for the respondents No. 1, 2, 3 and 4.
This is an application for restoration of the writ petition No. 281/2012 which was dismissed on 30.01.2018 owing to default in appearance of the counsel while the matter was taken up for hearing. Admittedly, the matter was listed in the Part-II Hearing List w.e.f. 02.01.2018 to 28.02.2018. On 30.01.2018 when the matter was called for, the learned counsel was engaged in another court and as a consequence, while the matter was called for hearing, the present counsel could not be present. The learned counsel for the respondent fairly submits that she has no objection in the
Page No.# 2/2
event of restoration of the same.
Considering the same, let the order dated 30.01.2018 passed by this court for dismissal of the writ petition for non-prosecution is recalled and this petition is accordingly allowed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the order dismissing the writ petition for non-prosecution can be recalled to allow restoration.
Fazal Hoque
The State of Assam
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
