Allowed

Shri Tacha Gongo v. the State of Ap and 3 Ors.

Gauhati HC5 Mar 2021MC(WP(C))/1/2021

Case brief

AI extract

What is this about?

The Gauhati High Court recalled an order dismissing a writ petition for non-prosecution. The court ordered the applicant to deposit Rs. 2,000 within three days to cover laxity in pursuing the matter after the dismissal caused by oversight.

What did the court decide?

Recalled the order dated 11.11.2019 and restored the writ petition subject to payment of Rs. 2,000 within three days.

Shri Tacha Gongo Vs the State of Ap and 3 Ors. — Corruption | Gauhati HC (2021)

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Page No.# 1/2

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GAHC040002632021

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

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Case No. : MC[WP(C)] 1/2021

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1:SHRI TACHA GONGO S/O TARIK GONGO A RESIDENT OF POLO COLONY PO/PS NAHARLAGUN DIST. PAPUM PARE AP.

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VERSUS 1:THE STATE OF AP AND 3 ORS. REPRESENTED THROUGH THE CHIEF SECRTARY 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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Page No.# 2/2

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BEFORE HONBLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 05-03-2021

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In view of the order passed today in I.A(C) No. 40(AP) of 2021, condoning the delay in filing the present restoration application, the restoration applicant is taken up.

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Mr. K. Dabi, learned counsel for the applicant submits that when the matter was listed on 11.11.2019, due to over sight, the appointed counsel overlooked the cause list and therefore, there was none to represent the petitioner. Therefore, this Court was pleased to dismiss the case for non-prosecution. The learned counsel submits that due to bona fide mistake of the learned counsel for the petitioner that the matter was dismissed for default and therefore Court may recall the order dated 11.11.2019 and restore the writ petition for ends of justice.

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Mr. D. Soki, learned State Counsel appearing for the respondents on the other hand submits that even if the engaged counsel might have overlooked the cause list on that day, it took quite some time to for the petitioner to seek restoration of the case. As such, Court may consider and pass appropriate order.

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Upon hearing the learned counsels for the parties and on perusal of the statements made in the application, this Court is of the view that for ends of justice, the order dated 11.11.2019 may be recalled but however in view of the laxity on the part of the applicant, the order shall be recalled subject to payment of a sum of Rs. 2,000/- within a period of three (3) days from today. The amount so deposited shall be debited in the account of the High Court Legal Services Committee.

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JUDGE

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Comparing Assistant

Shri Tacha Gongo v. the State of Ap and 3 Ors.

Case brief

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Shri Tacha Gongo v. the State of Ap and 3 Ors.

Case brief

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