Single judge order condoning a 99-day delay in filing a writ appeal, directing that the appeal be considered along with a related pending appeal in the interest of justice.
Conditioning of 99-day delay in filing the appeal and listing the accompanying appeal along with WA 340/2018.
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GAHC010066042019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1069/2019
1:MD RAIFUDDIN AHMED AND ANR
S/O MOHIN AHMED, RESIDENT OF SARUMOTORIA, PO AND PS DISPUR, DIST KAMRUP M ASSAM
2: SRI SANJAY GUPTA S/O LATE SACHINDRA GUPTA
RESIDENT OF MACHKHOWA GUWAHATI . DIST KAMRUP M ASSA
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI 06
2:THE SECRETARY
TO THE GOVERNMENT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 06
3:THE SECRETARY
TO THE GOVERNMENT OF ASSAM HANDLOOM AND TEXTILE DEPARTMENT DISPUR GUWAHATI 06
4:THE DEPUTY COMMISSIONER KAMRUP M PANBAZAR GUWAHATI 01
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5:THE GAUHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER PANBAZAR GUWAHATI 01
6:THE COLLECTOR GAUHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI 0
Advocate for the Petitioner : MRS. S P HUSSAIN
Advocate for the Respondent : GA, ASSAM
Linked Case : /
1:MD RAIFUDDIN AHMED AND ANR
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
Advocate for the Petitioner : Advocate for the Respondent :
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 01-04-2019
(A. S. Bopanna, C.J.)
Heard Ms. S. P. Hussain, learned counsel appearing for the applicants.
Mr. T. C. Chutia, learned Additional Senior Government Advocate has appeared for
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respondent Nos. 1, 3 and 4, Mr. S. Borah, learned Standing counsel, Gauhati Municipal Corporation, has appeared for respondent Nos. 5 and 6 and Ms. N. Bordoloi, learned counsel has appeared for respondent No. 2.
Service is complete.
Registry to show the names of the learned counsel appearing for the parties.
The instant application is filed seeking condonation of delay of 99 days in filing the accompanying writ appeal.
We have perused the reasons for the delay in filing the appeal as indicated in the affidavit. Apart from the explanations put forth, we have also noticed that the order dated 11.10.2018, which is sought to be assailed by the applicants in the accompanying appeal, is also assailed in an appeal in WA 340/2018 which is already pending before this court. In that view, since consideration, in any event, would be made in the said appeal, it would be appropriate to condone the delay and consider the accompanying appeal also along with the said appeal.
Hence, in the interest of justice, the delay is condoned.
The Interlocutory Application is allowed.
Registry to process the papers in the accompanying appeal and list in the appropriate stage.
JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether to condone a delay of 99 days in filing a writ appeal.
Whether the appeal should be listed along with a related pending appeal.
MD RAIFUDDIN AHMED AND ANR
THE STATE OF ASSAM AND 5 ORS
ARUP KUMAR GOSWAMI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
