The Gauhati High Court (Itanagar Bench) allowed an application by Shri Tacha Gongo for condonation of delay quantified at 449 days in filing a connected restoration application for Writ Petition No. 524 of 2018.
Delay of 449 days in filing the connected restoration application must be condoned and the application is disposed of as allowed.
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GAHC040002632021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : IA(C) 40/2021
1:SHRI TACHA GONGO
S/O TARIK GONGO, A RESIDENT OF POLO COLONY, PO/PS NAHARLAGUN, DIST. PAPUM PARE, AP.
VERSUS
1:THE STATE OF AP AND 4 ORS. REPRESENTED THROUGH THE CHIEF SECRETARY, GOVT. OF AP.
2:THE SECRETARY VIGILANCE GOVT. OF AP ITANAGAR.
3:THE DIRECTOR AUDIT AND PENSION GOVT. OF AP NAHARLAGUN
4:THE CHIEF ENGINEER (TRAINING AND VIGILANCE) DEPARTMENT OF PWD GOVT. OF AP ITANAGAR
Advocate for the Petitioner : Karyom Dabi
Advocate for the Respondent : GA (AP)
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BEFORE
HONBLE MR. JUSTICE NELSON SAILO
ORDER
Date : 05-03-2021
Heard Mr. K. Dabi, learned counsel for the applicant, who submits that by filing this application, the applicant seeks condonation of 449 days delay in filing the connected restoration application for restoring WP(C) No. 524 of 2018. Referring to the application more particularly paragraph Nos. 4 & 5. The learned counsel submits that it was due to bona fide belief on the part of the applicant that his case was pending consideration before the Court. While such was the belief, the petitioner came to learn that the writ petition has been dismissed for default. Under the circumstance, the learned counsel prays that the delay may be condoned.
Mr. D. Soki, learned State Counsel submits that in the background of what the applicant has stated, Court may consider and pass appropriate order.
Upon hearing the learned counsels for the parties and upon perusal of the application, this Court is inclined to allow the application. As such, the delay of 449 days in filing the connected restoration application i.e., MC [WP(C) 01(AP) of 2021] is hereby condoned.
The application stands disposed of as allowed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to condone a delay of 449 days in filing a connected restoration application.
Shri Tacha Gongo
The State of AP and 4 Ors.
Nelson S bi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
