Allowed

State of Mizoram and 2 Ors. v. Lalhmangaihi and 9 Ors.

Gauhati HC1 Jun 2022I.A.(Civil)/65/2022

Case brief

AI extract

What is this about?

The Court allowed an application for extension of time under Section 151 of CPC to enable the State of Mizoram to release a 15% cess deducted in a related writ petition within six months, imposing 6% interest for non-compliance.

What did the court decide?

Directed the State Government to release the deducted 15% cess to the petitioners within six months, failing which 6% interest shall be imposed.

State of Mizoram and 2 Ors. Vs… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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Page No.# 1/3

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GAHC030001912022

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

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Case No. : I.A.(Civil)/65/2022

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State of Mizoram and 2 Ors. Aizawl, Mizoram

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VERSUS

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Lalhmangaihi and 9 Ors. D/o Zokhuma (L) R/o Zemabawk, Aizawl, Mizoram

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Advocate for the Petitioner : Ms. Mary Lalruatkimi Khiangte (Addl.AG/GA, Mizoram)

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Advocate for the Respondent : Mr Zoramchhana

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Linked Case : WP(C)/80/2021

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Lalhmangaihi and 6 Ors. Bawngkawn Aizawl Mizoram

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2: F.Vanlalruata S/o Aithuama Zemabawk Aizawl Mizoram

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3: Lalhriatpuia S/o Zokhuma (L) Chanmari Aizawl Mizoram

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Page No.# 2/3

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4: Lalngaihawmi D/o Zokhuma (L) Chanmari Aizawl Mizoram 5: Lalthanzuala (L) S/o Zokhuma (L) Chanmari Aizawl Mizoram r/b his mother Smt Lalpari 6: Lalpari w/o Zokhuma (L) Chanmari Aizawl Mizoram 7: Lalchhuanawma S/o Lalhmingliana Sairang Dinthar Mizoram VERSUS State of Mizoram r/b Chief Secretary and 4 Ors. Govt. of Mizoram Aizawl 2:Secretary to the Govt. of Mizoram Land Revenue and Settlement Department Aizawl 3:District Collector Aizawl Mizoram 4:Union of India r/b Secretary to the Govt. of India Ministry of Railways N.Delhi 5:North East Frontier Railway r/b General Manager (Construction) Maligaon Guwahati Advocate for the Petitioner : Mr Zoramchhana Advocate for the Respondent : Mr C Zoramchhana (Addl. AG/GA Mizoram) for R1-R3

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Page No.# 3/3

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BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER

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Date : 01-06-2022

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Heard Ms. Mary L. Khiangte, learned Government Advocate, who submits that this is an application under Section 151 of CPC for extension of time in connection with the Order dated 17.09.2021 in WP(C) No. 80/2021 due to the inability to comply with the order within the time due, i.e., (1 month) due to financial constraint of the Mizoram State Government.

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Mr. Zoramchhana, learned counsel for the opposite party submits that they have no objection to the I.A submitted. However, if the cess amount of 15% is not release within the period prayed for, i.e., 6 (six) months, interest may be imposed upon the State Government.

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Having heard both the parties, this Court finds it fit to allow the I.A. as prayed for and the State Government are directed to release the deducted 15% cess to the petitioners in WP(C) No. 80/2021 within a period of 6 (six) months from today, failing which an interest of 6% will be imposed on the amount due upon the State Government from the date of the judgment & order in WP(C) No. 80/2021.

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Accordingly, the I.A.(C) No. 65/2022 stands disposed of.

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JUDGE

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Comparing Assistant

State of Mizoram and 2 Ors. v. Lalhmangaihi and 9 Ors.

Case brief

What is this about?

What did the court decide?

State of Mizoram and 2 Ors. v. Lalhmangaihi and 9 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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