Allowed

Hor Kumar Hazarika v. the State of Assam and 17 Ors.

Gauhati HC15 Mar 2023I.A.(Civil)/2479/2022

Case brief

AI extract

What is this about?

In this interim application, the Gauhati High Court allowed the prayer to set aside an order dated 03-08-2022 which dismissed a writ petition due to the petitioner's unlisted counsel causing his unrepresented dismissal. The court restored the petition to its original record.

What did the court decide?

The order dated 03-08-2022 was set aside; the writ petition was restored to its original record.

Hor Kumar Hazarika Vs the State of Assam and 17 Ors. — Writ and Judicial Review | Gauhati HC (2023)

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GAHC010165122022

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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)/2479/2022

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HOR KUMAR HAZARIKA

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SON OF SRI BIRMANGAL HAZARIKA, HAFLONG CIVIL HOSPITAL CAMPUS, P.O. AND P.S.- HAFLONG, DIST-DIMA HASAO,, PIN-788819

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VERSUS

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THE STATE OF ASSAM AND 17 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF PHE, DISPUR-06, ASSAM

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2:THE DIMA HASAO AUTONOMOUS COUNCIL

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REP. BY PRINCIPAL SECRETARY (T) N.C. HILLS AUTONOMOUS COUNCIL HAFLONG PIN-788819

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3:THE CHIEF ENGINEER (PHE) ASSAM HENGERABARI GUWAHATI-36 4:ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GUWAHATI-28

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5:ADDL. CHIEF ENGINEER (PHE)

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DIMA HASAO DISTRICT HAFLONG

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PIN-788819

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6:EXECUTIVE ENGINEER (PHE) DIMA HASAO DISTRICT HAFLONG PIN-788819

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7:ASSTT. EXECUTIVE ENGINEER (PHE)

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HAFLONG URBAN SUB-DIVISION HAFLONG PIN-788819

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8:SRI MAHENDRA BATHARI

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S/O LATE NANDALAL BATHARI R/O VILL. SENGYA SAMBUDHAN RAZI P.O. AND P.S. HAFLONG DIMA HASAO

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9:SRI DHIBASHI NAIDING

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D/O LATE PRABHAT JARAMBUSA R/O VILL.DIBARAI P.O. AND P.S. HAFLONG DIMA HASAO

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10:SRI V L MOUNA PARATE

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S/O LATE THANZAU PARATE VILL. MUOLHOI P.O. AND P.S. HAFLONG DIMA HASAO

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11:SRI LALROSIEK LDA S/O SRI NEITINKHUP HMAR VILL. LEIRI P.O. AND P.S. MAHUR DIST. DIMA HASAO

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12:SRI AJEN HAGJER SA S/O SRI HENO HAGIER VILL. DILIMPUR P.O. MANDERDISA DIST. DIMA HASAO

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13:SRI SAIPALDAO THAOSEN SA

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SON OF LATE DUILAL THAOSEN VILL. KUNGKRUARI THAIJUARI P.O. AND P.S. DIYUNGMUKH DIST. DIMA HASAO 14:SRI ANIL HOJAI SA SON OF SRI MOHAN HOJAI VILL. PHRABDIS P.O. DIYUNGBRA DIST. DIMA HASAO 15:SRI RAJIB UDDIN SA S/O SRI MAKHAN UDDIN BEHIND HAFLONG CO. OP. SOCIETY P.O. AND P.S. HAFLONG DIST. DIMA HASAO 16:SRI KAMLESWAR NATH CHOWKIDAR S/O SRI LOHIT NATH VILL. SENGA SAMBUDHAN RAZI P.O. AND P.S. HAFLONG DIST. DIMA HASAO 17:SRI RAJU DUTTA CHOWKIDAR S/O LATE PANNALAL DUTTA VILL BOILDHUR P.O. AND P.S. HAFLONG DIST. DIMA HASAO 18:SRI RAHUL ROY CHOUDHURY JUNIOUR ASSISTANT OFFICE OF THE EXECUTIVE ENGINEER HAFLONG DIMA HASA

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Advocate for the Petitioner : MR N N UPADHYAYA

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Advocate for the Respondent : SC, P H E

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 15-03-2023

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Heard Mr. D. Baruah, learned counsel for the applicant. Also heard Mr. C. Sarma,

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learned counsel appearing for the respondent Nos. 2, 5, 6 and 7 and Mr. A. Baruah, learned counsel appearing for the respondent Nos. 1 and 3.

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This I.A. has been filed with a prayer to set aside the order dated 03-08-2022 passed by this Court dismissing the connected writ petition for non-prosecution and restoring the petition to its original record.

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Mr. Baruah submits that the writ petition was earlier dismissed for default and subsequently restored by the order dated 08-06-2022 but when the matter was listed thereafter, the names of the newly engaged counsel were not shown in the cause list. As a result of the same, the petitioner went unrepresented leading to dismissal of the writ petition once again.

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The submission of the learned counsel for the applicant stands borne out from the materials available on record. The learned counsel for the opposite party have also fairly submitted that they do not have any instruction to object the prayer made in the I.A.

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In view of the above, the prayer made in the I.A. stands allowed.

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The order dated 03-08-2022 is hereby set aside.

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The writ petition be restored to its original file. Let the writ petition be listed again

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by reflecting the names of Mr. N.N. Upadhyay, Mr. D. Baruah and Mr. B.B. Kakati as the newly engaged counsel for the writ petition in the cause list.

JUDGE

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Comparing Assistant

Hor Kumar Hazarika v. the State of Assam and 17 Ors.

Case brief

What is this about?

What did the court decide?

Hor Kumar Hazarika v. the State of Assam and 17 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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