Single Bench order condoning a 52-day delay in filing a connected writ appeal under the state of Assam High Court.
Application for condonation of 52 days delay allowed; connected writ appeal numbered and listed for admission.
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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GAHC010114882023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1691/2023
In WA 6106/2023 (Filing Number)
ANIL KALITA AND 4 ORS.
S/O- KALI RAM KALITA, R/O- HOUSE NO-20, USHA NAGAR, BORBARI, VIP ROAD, P.O- BELTOLA, P.S- DISPUR, GUWAHATI-36, KAMRUP (M), ASSAM
2: HIRAN NATH TALUKDAR S/O- NRIPEN TALUKDAR R/O- USHA NAGAR, BORBARI, VIP ROAD, P.O- BELTOLA, P.S- DISPUR, GUWAHATI-36, KAMRUP (M), ASSAM
3: DIPJYOTI BARMAN S/O- BIREN BARMAN R/O- USHA NAGAR, BORBARI, NEAR USHA NAGAR SHIV TEMPLE P.O- BELTOLA,P.S- DISPUR GUWAHATI-36, KAMRUP (M), ASSAM
4: JYOTISH DEKA S/O- LATE DHIRESWAR DEKA R/O- H. NO-33, USHA NAGAR, BORBARI, P.O- BELTOLA, P.S- DISPUR, GUWAHATI-36 KAMRUP (M), ASSAM
5: MINAKSHI DAS, W/O- NISHI PAD SWARGIARY, R/O- VIP ROAD, USHA NAGAR, BORBARI P.O- BELTOLA, P.S- DISPUR, GUWAHATI-36 KAMRUP (M), ASSAM
VERSUS
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THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE (SETTLEMENT) DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM
BHANGAGARH, GUWAHATI- 781006, ASSAM.
5:THE CIRCLE OFFICER,
DISPUR REVENUR CIRCLE, DISPUR, GUWAHATI-0
For the Applicant(s) : Mr. M. Kalita, Advocate.
For the Respondent(s) : Mr. R. Borpujari, Standing Counsel, Revenue Department for respondent No.1.
Mr. S. Bora, Standing Counsel, GMC for respondent Nos.2 and 3.
Mr. P. Sarmah, Additional Senior Advocate for respondent Nos.4 and 5.
– B E F O R E –
HON’BLE THE CHIEF JUSTICE
HON’BLE MRS. JUSTICE MITALI THAKURIA
19.06.2023
Heard the learned counsel for the parties.
The instant Interlocutory Application has been filed seeking condonation of delay of 52 days occasioned in preferring the connected writ appeal against the judgment and order dated 03.03.2023 passed by the learned Single Bench
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in W.P.(C ) No.1256/2023 and other connected writ petitions.
Learned counsel for the respondents do not object to the prayer for condonation of delay. Otherwise also the grounds set up in the application for condonation of delay appear to be germane. Hence, the application is allowed and delay is condoned.
Registry shall number the connected writ appeal and list the same along with WA No.126/2023 for admission.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether delay of 52 days in filing the connected writ appeal invoking condonation is justified and should be allowed.
Anil Kalita and 4 Ors.
The State of Assam and 4 Ors.
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
