The Gauhati High Court recalled its order dismissing WP(C) No. 1595/2011 on default and restored the suit writ petition on the representation of engaged counsel's unavoidable absence.
Recalled the order dismissing WP(C) No. 1595/2011 and restored the same.
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.# 1/4
GAHC010086192019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1795/2019
1:ECO and AGRO MOVERS PRIVATE LIMITED
REGISTERED OFFICE AT SUNDARPUR BYE LANE NO. 1, RGB ROAD, GUWAHATI 781005, REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR SRI MANOHAR CHOWDHURI
VERSUS
1:THE STATE OF ASSAM AND 15 ORS
REPRESENTD BY ITS SECY. TO THE DEPTT. OF REVENUE, DISPUR, GUWAHATI 781006
2:THE CHAIRMAN ASSAM BOARD OF REVENUE GUWAHATI 781001
3:THE DEPUTY COMMISSIONER KAMRUP (RURAL) AMINGAON GUWAHATI
4:THE AUCTION OFFICER (KHA) RANGIA SUB DIVISION OFFICE RANGIA KAMRUP
5:MRS. SHEMIMA HAZARIKA W/O SIRAZUL HUSSAIN HAZARIKA R/O I.M.A. HAZARIKA ROAD GUWAHATI 78100
Advocate for the Petitioner : MR. S KALITA
Page No.# 2/4
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C) 1595/2011
1:ECO and AGRO MOVERS PRIVATE LIMITED REGD. OFFICE AT SUNDARPUR BYE LANE NO.1 RGB ROAD GHY-5 REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR - MANOHAR CHOWDHURY.
VERSUS 1:THE STATE OF ASSAM AND 15 ORS REP. BY ITS SECY. TO THE DEPTT. OF REVENUE DISPUR GHY-6. 2:THE CHAIRMAN ASSAM BOARD OF REVENUE PANBAZAR GHY-1 3:DY. COMMISSIONER KAMRUP R GOVT. OF ASSAM AMINGAON GHY 4:THE AUCTION OFFICER KHA RANGIA RANGIA SUB-DIVISIONAL OFFICE GOVT. OF ASSAM RANGIA KAMRUP 5:SHEMIMA HAZARIKA W/O SIRAZUL HUSSAIN HAZARIKA R/O I.M.A.HAZARIKA ROAD REHABARI GHY-8
Page No.# 3/4
6:SAHARUDDIN AHMED S/O. LATE FAZIR ALI.
7:HARAKANTA DEKA S/O. LATE TARUN DEKA.
8:TARUN BARUAH S/O. LATE KHARGESWAR BARUAH.
9:SATISH DEKA S/O. LATE NABIN DEKA.
10:ALIMUDDIN AHMED S/O. LATE MAJIB ALI.
11:HARI CHARAN DAS S/O. LATE DHARYYA DAS.
12:SAFIQUL ALI S/O. LATE SAFAT ALI.
13:IMRAN ALI S/O. LATE SAHAR ALI.
14:KAMAL DEKA S/O. LATE GAJEN DEKA.
15:MAMNUR ALI S/O. LATE MANIR ALI.
16:NAGENDRA NATH DEKA S/O. LATE JOGEN DEKA. RESPONDENT NOS. 6 TO 16 ARE RESIDENTS OF VILLAGE RADHAKUCHI MOUZA KARARA P.S. BAIHATA CHARIALI P.O. KARARA PIN-781381 REVENUE CIRCLE OFFICE KAMALPUR DIST. KAMRUP (RURAL) ASSAM.
Advocate for the Petitioner : MR.A GANGULY Advocate for the Respondent : GA ASSAM
BEFORE
Page No.# 4/4
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 07-06-2019
Heard Mr. G. Sahu, learned counsel for the petitioner, who prays that the Order dated 19.03.2019 dismissing WP(C) No. 1595/2011 should be recalled.
He submits that the engaged counsel could not attend Court on the particular date and the counsel to whom the case was entrusted also failed to appear.
Mr. D. Doley appears for respondent Nos. 3 & 4 and submits that he has got no objection to the restoration of WP(C) No. 1595/2011. On considering the grounds for restoration, this Court recalls the Order dated 19.03.2019 dismissing the writ petition on default.
Accordingly, WP(C) No. 1595/2011 is restored.
I.A is accordingly disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the Order dated 19.03.2019 dismissing WP(C) No. 1595/2011 on default can be recalled due to engaged counsel's unavoidable absence?
Whether WG(C) No. 1595/2011 is to be restored?
ECO and AGRO MOVERS PRIVATE LIMITED
THE STATE OF ASSAM
THE CHAIRMAN ASSAM BOARD OF REVENUE
THE DEPUTY COMMISSIONER KAMRUP (RURAL)
THE AUCTION OFFICER
MRS. SHEMIMA HAZARIKA
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
