This order allowed an interlocutory application under IA(Civil) No. 3556/2019 to condone a delay of five days in filing an appeal against WP(C) No. 7666/2018. The court registered the appeal after the respondent's counsel objected to the delay.
Delay of five days in preferring the appeal was condoned and the appeal was registered.
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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GAHC010271702019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 3556/2019
1:SUBIR DUTTA
S/O LT. SATYAJIT RANJAN DUTTA, R/O BD-9, SALT LAKE CITY, SECTOR I, P.O. BIDHANNAGAR CC BLOCK, P.S. BIDHANNAGAR (NORTH), KOLKATA700064
VERSUS
1:THE STATE OF ASSAM AND 14 ORS
THROUGH THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, HAVING ITS OFFICE AT THE JANATA BHAWAN, 1ST FLOOR, C-BLOCK, DISPUR, GUWAHATI-06, ASSAM.
2:DIRECTOR OF MUNICIPAL ADMINISTRATION HAVING ITS OFFICE AT DISPUR GUWAHATI ASSAM- 781006
3:CHAIRPERSON TINSUKIA MUNICIPAL BOARD HAVING OFFICE AT TINSUKIA ASSAM PIN- 786125.
4:TINSUKIA MUNICIPAL BOARD TINSUKIA ASSAM PIN- 786125.
5:THE EXECUTIVE ENGINEER TINSUKIA MUNICIPAL BOARD HAVING OFFICE AT TINSUKIA
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ASSAM PIN- 786125.
6:THE TOWN PLANNER HAVING OFFICE AT TINSUKIA ASSAM PIN- 786125.
7:OFFICER IN CHARGE TINSUKIA POLICE STATION TINSUKIA.
8:SANDHYA DUTTA
WIFE OF LATE SANJIT RANJAN DUTTA RESIDING AT TAMULBARI TINSUKIA PO AND PS TINSUKIA ASSAM.
9:SAIBAL DUTTA
SON OF LATE SANJIT RANJAN DUTTA RESIDING AT TAMULBARI TINSUKIA P.O. AND P.S. TINSUKIA ASSAM.
10:SAMARJIT RANJAN DUTTA SON OF LATE ATUL CHANDRA DUTTA RESIDING AT TAMULBARI TINSUKIA P.O. AND P.S. TINSUKIA ASSAM.
11:SURAJIT RANJAN DUTTA SON OF LATE ATUL CHANDRA DUTTA RESIDING AT TAMULBARI TINSUKIA P.O. AND P.S. TINSUKIA ASSAM.
12:MRINAL KANTI DUTTA
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SON OF LATE ATUL CHANDRA DUTTA RESIDING AT TAMULBARI TINSUKIA P.O. AND P.S. TINSUKIA ASSAM.
13:DOLLY DUTTA WIFE OF LATE SATYAJIT RANJAN DUTTA RESIDING AT BD-9 SALT LAKE CITY SECTOR-I P.O. BIDHANNAGAR CC BLOCK P.S. BIDHANNAGAR (NORTH) KOLKATA- 700064
14:SUBHANKAR DUTTA SON OF LATE SATYAJIT RANJAN DUTTA RESIDING AT TAMULBARI TINSUKIA P.O. AND P.S. TINSUKIA ASSAM.
15:SASWATY SINHA CHOWDHURY WIFE OF PRATIK SINHA CHOWDHURY RESIDING AT BD-9 SALT LAKE CITY SECTOR-I P.O. BIDHANNAGAR CC BLOCK P.S. BIDHANNAGAR (NORTH) KOLKATA- 700064
Advocate for the Petitioner : MR P CHOUDHURY
Advocate for the Respondent : GA, ASSAM
Linked Case : / 1:SUBIR DUTTA
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VERSUS
Advocate for the Petitioner : Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 06-11-2019
Heard Mr. P. Choudhury, learned counsel for the applicant/appellant. Also heard Mr. P.J Saikia, learned counsel appearing for the respondent.
The Interlocutory Application has been preferred for condoning the delay of 5 (five) days in preferring the appeal against the Judgment & Order dated 22.07.2019 in WP(C) No. 7666/2018. The learned counsel for the respondent Mr. P.J Saikia, on being asked, fairly states that he does not object to the delay of 5 (five) days being condoned.
In view of the agreement of the learned counsel for the respondent, the delay of 5 (five) days, in preferring the accompanying appeal, stands condoned.
Registry to register this appeal. Interlocutory Application stands allowed.
JUDGE
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Comparing Assistant
2 issues framed by the court
Whether to condone a delay of five days in filing an appeal against a judgment and order.
Whether the accompanying appeal should be registered after condoning the delay.
Subir Dutta
The State of Assam and others
Achintya Malla Bujar Barua
Nelson Sailo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
