The single Jugendja High Court stayed a writ petition venue, it became clear that the narrow order: the IA is for restoration of WP(C) No. 270(AP)/2020 ... the case should have been registered as a Misc. Case not as an IA - list for consideration after vakalatnama.
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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GAHC040000162021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : IA(C) 1/2021
1:Prajjwal Dev and 3 others S/O LT. PRIYA RANJAN DEB, R/O 277/R/3, NATUNGRAM, NEAR PUMP HOUSE, PO/PS MOREPUKUR, RISHRA, DIST. HOOGLY, WEST BANGAL,
2: MOYDAN HOQUE CHOUDHURY S/O MOGRAB ALI SHEIKH R/O WARD NO. 14 KRISHNA NAGAR BILASIPARA PO/PS BILASIPARA DIST. DHUBRI ASSAM.
3: SAFIOR RAHMAN S/O MOKSED ALI R/O DAFARPUR PO DAFARPUR PS TAMARHAT DISTRICT DHUBRI ASSAM
VERSUS
1:The State of AP and 10 Others REPRESENTED BY CHIEF SECRETARY TO THE GOVT. OF AP, ITANAGAR.
2:THE SECRETARY HORTICULTURE GOVT. OF AP ITANAGAR.
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3:THE UNDER SECRETARY (P ANDD) GOVT. OF AP ITANAGAR.
4:THE DIRECTOR OF HORTICULTURE GOVT. OF AP CHIMPU ITANAGAR.
5:HENRIK BASAR C/O DISTRICT HORTICULTURE OFFICE YINGKIONG DISTRICT UPPER SIANG AP.
6:MARDO NINU
C/O DISTRICT HORTICULTURE OFFICE NAMSAI DISTRICT NAMSAI AP.
7:TUTER DUBI @ SUDARSHANA LIGU C/O DISTRICT HORTICULTURE OFFICE RAGA DISTRICT KAMLE AP.
8:PREM NORBU KHIRME
C/O DISTRICT HORTICULTURE OFFICE DISTRICT PAKKE KESSANG LEMMI AP.
9:YOMLI JINI
C/O DISTRICT HORTICULTURE OFFICE DISTRICT LEPARADA BASAR AP.
10:KANYA LOMBI C/O DISTRICT HORTICULTURE OFFICE
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DISTRICT KRA DAADI PALIN AP.
11:BENJAMIN PERTIN C/O DIRECTORATE OF HORTICULTURE OFFICE ITANAGAR CHIMPU PO CHIMPU DIST. ITANAGAR A P
Advocate for the Petitioner : H R A Choudhury
Advocate for the Respondent : Tambo Tamin
BEFORE HONBLE MR. JUSTICE S.K.MEDHI
ORDER
Date : 04-03-2021
This IA is for restoration of WP(C) No. 270(AP)/2020 which was dismissed in vide order dated 16.12.2020, for not taking any steps.
This case should have been registered as a Misc. Case, not as an
IA.
The learned counsel M. Boje submits that inadvertently, a fresh Vakalatnama has not been filed. He submits that he will be filing a fresh Vakalatnama in this IA within 2(two) weeks.
Registry to make correction in the registration as a Misc. Case and not as an IA and list this case for consideration after the receipt of the duly executed Vakalatnama.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to restore a Writ Petition previously dismissed for non-proceeding.
Whether a new petition filed for restoration should be registered as a Miscellaneous Case or an Interim Application.
Prajjwal Dev and 3 others
The State of AP and 10 Others
S.K. Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
