Single judge allowed an interim application to restore a dismissed writ petition (WP(C) 2231/2022) to the file, finding the prior dismissal for non-prosecution was not intentional despite opposition.
Interim application allowed; previous order dated 09.05.2022 recalled; writ petition restored to file.
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GAHC010096162022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1497/2022
PRADEEP KUMAR
S/O. LT. BRIJANANDAN PRASAD, CHITRALEKHA NAGAR, P.O., P.S. TEZPUR, ASSAM, PIN-784001.
VERSUS
THE GOVT. OF INDIA AND 2 ORS.
REP. BY THE SECRETARY, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, NEW DELHI.
2:MANAGING DIRECTOR
FOOD CORPORATION OF INDIA (FCI) 16-20 BARAKHAMBA LANE NEW DELHI-110001.
3:THE EXECUTIVE DIRECTOR FCI N. E. ZONE ULUBARI GLP BUILDING G.S. ROAD GUWAHATI-781007
Advocate for the Petitioner : MR. G K GUPTA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 10.06.2022
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Heard Mr. G.K. Gupta, learned counsel for the applicant and Mr. B. Chakraborty, learned CGC as well as Mr. B.K. Singh, learned counsel for the opposite parties no. 2 and 3.
This interlocutory application has been filed for restoration of WP(C) 2231/2022, which was dismissed for non-prosecution by order dated 09.05.2022.
It is submitted that the learned advocate for the petitioner had not been able to attend the Court on the date when the matter was listed.
In view of the causes assigned, the Court, despite opposition by the learned CGC as well as opposite part nos. 2 and 3, is of the considered opinion that the non-prosecution of the matter on the date of listing was not intentional. Therefore, the order dated 09.05.2022 passed in WP(C) 2231/2022 stands recalled and the said writ petition is restored to file.
This I.A. stands allowed.
JUDGE
Comparing Assistant
Pradeep Kumar
The Govt. of India
Managing Director, Food Corporation of India
The Executive Director FCI N.E. Zone
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
