This order declares a writ petition restored by recalling a dismissal order for non-prosecution where absence was not intentional.
Recalled the order dismissing W.P.(C). 2419/2022 for non-prosecution and restored the writ petition to the file.
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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GAHC010096272022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1514/2022
RANJIT SINGH
S/O SRI BASUDEO PRASAD, MISSION CHARIALI, GOTANGA, P.O., P.S.TEZPUR, ASSAM, PIN-784154
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-78100
Advocate for the Petitioner : MR. G K GUPTA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
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ORDER
Date : 10.06.2022
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) 2419/2022, 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) 2419/2022 stands recalled and the said writ petition is restored to file.
This I.A. stands allowed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interlocutory application for restoration of a dismissed writ petition should be allowed due to unintentional non-prosecution by the petitioner's counsel?
Ranjit Singh
The Govt. of India
Secretary, Ministry of Consumer Affairs, Food and Public Distribution
Managing Director, Food Corporation of India
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
