In an IA under Section 151 CPC seeking time extension for compliance of a prior Writ Order, the court allowed the application and directed the State Government to release a 15% cess within six months, with 6% interest for delay.
Direction to State Government to release 15% cess within six months, else 6% interest on due amount.
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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GAHC030002002022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/74/2022
State of Mizoram and 2 Ors. Aizawl, Mizoram
VERSUS
C. Ralthanga and 55 Ors. S/o C. Rualkhuma R/o Chhungte Village, Champhai District, Mizoram
Advocate for the Petitioner : Ms. Mary Lalruatkimi Khiangte (Addl.AG/GA, Mizoram)
Advocate for the Respondent : Mr Zoramchhana
Linked Case : WP(C)/31/2022
C. Ralthanga and 52 Ors. S/o C. Rualkhuma R/o Chhungte Village Champhai District Mizoram
VERSUS
State of Mizoram and 5 Ors. Aizawl Mizoram
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Advocate for the Petitioner : Mr. T. Lalthafamkima Advocate for the Respondent : Ms. Zairemsangpuii CGC for R4
ORDER
Date : 01-06-2022
BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG
This is an Interlocutory Application submitted by Ms. Mary L. Khiangte, learned Government Advocate under Section 151 of CPC for extension of time in connection with the Order dated 17.03.2021 in WP(C) No. 31/2022 due to the inability to comply with the order within time (1 month) due to financial constraint of the Mizoram State Government.
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.
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. 31/2022 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. 31/2022.
Accordingly, the I.A.(C) No. 74/2022 stands disposed of.
JUDGE
Comparing Assistant
1 provisions across 1 enactments
State of Mizoram
C. Ralthanga and others
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
