Allowed

Basiruddin Kazi and 3 Ors. v. the State of Assam and 7 Ors.

Gauhati HC5 Apr 2019I.A.(Civil)/699/2019

Case brief

AI extract

What is this about?

In this order, the Gauhati High Court disposed of an application seeking condonation of a 527-day delay in filing a connected writ appeal. The Court noted that the specific delay relative to the review petition disposal was approximately 74 days and held that this should not bar the examination of the claim.

What did the court decide?

The application for condonation of delay was allowed.

Basiruddin Kazi and 3 Ors. Vs the State of Assam and… — Service and Employment | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010039892019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 699/2019

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1:BASIRUDDIN KAZI AND 3 ORS

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S/O LATE HUSHAMUDIN KAZI, PRESENTLY A RESIDENT OF BANSKANDI, P.O. BANSKANDI, P.S. LAKHIPUR, DIST. CACHAR, ASSAM, PIN 788101

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2: Y.GOPESWAR SINGHA S/O LATE INDRA KR. SINHA VILL. AND P.S. PALORBOND P.S. LAKHIPUR DIST. CACHAR ASSAM.

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3: ABDUL LATIF CHOUDHURY S/O LATE ABDUL MONAF CHOUDHURY PRESENTLY A R/O VILL. CHANDRAPUR PART-II HARINAGAR PHC P.O. MANIPUR P.S. LAKHIPUR DIST. CACHAR ASSAM.

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4: MANGI SINGHA LATE NINGTHAW SINGHA VILL. BANSKANDI PART IV P.O. BANSKANDI P.S. LAKHIPUR DIST. CACHAR ASSAM

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Page No.# 2/4

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI 781006 2:THE SECY. TO THE GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GUWAHATI 781006 3:THE UNION OF INDIA REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA DEPTT. OF HEALTH NEW DELHI 4:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI 781006 5:THE JOINT DIRECTOR OF HEALTH SERVICES CACHAR SILCHAR 6:THE ADDL. CHIEF MEDICAL AND HEALTH OFFICER CACHAR SILCHAR 7:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER HARINAGAR PRIMARY HEALTH CENTER DIST. CACHAR ASSAM. 8:G. LAKHI KANTA MISRA S/O LATE MODON MISRA VILL. AND P.O. PALORBAND DIST. CACHAR ASSA

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Page No.# 3/4

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Advocate for the Petitioner : MR. S BANIK

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Advocate for the Respondent : SC, HEALTH

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BEFORE

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HON’BLE THE CHIEF JUSTICE MR. A.S. BOPANNA HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI

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05.04.2019

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(A.S. Bopanna, CJ)

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Heard Mr. S Banik, learned counsel for the applicants. Also heard Mr. DP Borah, learned counsel for respondent Nos. 1,4, 5,6 and 7.

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The instant application is filed seeking condonation of delay of 527 days in filing the connected writ appeal. Respondent No.4 has filed an affidavit-in-opposition to the application.

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The reason assigned while seeking condonation of delay is that the appellants though had instituted the writ petition in W.P.(C) No. 3332/2017 and had failed in the same, they had learnt about a different stand being taken in another writ petition which, if taken into consideration, the case according to the appellants would have arisen for consideration. It is in that view, the appellants had preferred the review petition in R.P. No. 101/2018 before the learned Single Judge. On disposal of the review petition the instant appeal has been filed as they have failed therein.

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Though through the affidavit-in-opposition the very right as claimed by the appellants is sought to be controverted, this is an aspect which would arise for consideration on merit. Presently, it is seen that even though there is 527 days delay from the date of disposal of the writ petition, from the date on which the review petition was disposed of i.e. 21.9.2018, the delay is of about 74 days. In that regard it is to be noted that while certain service benefits are sought by the appellants, the said delay should not come in the way of examination of the claim one way or the other. In that light, in the interest of justice, the delay is condoned.

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Page No.# 4/4

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The application is allowed.

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Registry to process the appeal papers and list the appeal for ‘Admission’ in usual course.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Basiruddin Kazi and 3 Ors. v. the State of Assam and 7 Ors.

Case brief

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Basiruddin Kazi and 3 Ors. v. the State of Assam and 7 Ors.

Case brief

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