This order condones a delay of 1575 days in filing a review petition. The High Court was satisfied with the reasons for the delay and listed the petition for consideration.
Application for condonation of delay in preferring Review Petition allowed. Review petition listed for consideration.
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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GAHC010026932023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/338/2023
MD. ASHRAF ALI AND 7 ORS. S/O LATE JONAB ALI, RESIDENT OF VILL- BERBARI, P.S. DHARAMTAL, DIST. MORIGAON, ASSAM.
2: MUSST. HAFIZA BEGUM W/O ASHRAF ALI RESIDENT OF VILL- BERBARI P.S. DHARAMTAL DIST. MORIGAON ASSAM.
3: HUSNARA BEGUM (HASNARA BEGUM ) D/O ASHRAF ALI RESIDENT OF VILL- BERBARI P.S. DHARAMTAL DIST. MORIGAON ASSAM.
4: PARMINAL BEGUM (PARMINA BEGUM ) D/O ASHRAF ALI RESIDENT OF VILL- BERBARI P.S. DHARAMTAL DIST. MORIGAON ASSAM.
5: AFIZA BEGUM D/O ASHRAF ALI RESIDENT OF VILL- BERBARI P.S. DHARAMTAL DIST. MORIGAON ASSAM.
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6: KHAIRUN NESSA D/O ASHRAF ALI RESIDENT OF VILL- BERBARI P.S. DHARAMTAL DIST. MORIGAON ASSAM.
7: ANOWARA BEGUM D/O ASHRAF ALI RESIDENT OF VILL- BERBARI P.S. DHARAMTAL DIST. MORIGAON ASSAM.
8: MD. AZIZUR RAHMAN(AZIZUL HAQUE ) S/O ASHRAF ALI RESIDENT OF VILL- BERBARI P.S. DHARAMTAL DIST. MORIGAON ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK NAGAR, NEW DELHI
2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 06
3:THE ELECTION COMMISSION OF INDIA NEW DELHI
4:THE CO ORDINATOR OF NRC ASSAM BHANGAGARH GUWAHATI 781005
5:THE DEPUTY COMMISSIONER
MORIGAON ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
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MORIGAON ASSAM.
7:THE OFFICER IN CHARGE DHARAMTUL DIST MORIGAON ASSA
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : DY.S.G.I.
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 01.03.2023 (A.M. Bujor Barua, J)
Heard Mr. MU Mahmud, learned counsel for the applicant. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC, Ms. A Verma, learned counsel for the respondents no. 2, 6 and 7 being the authorities under the Home Department of the Government of Assam, Mr. AI Ali, learned counsel for the respondent no. 3 being the authorities under the Election Commission of India and Ms. U Das, learned counsel for the respondent no. 5 being the Deputy Commissioner, Morigaon.
This interlocutory application is instituted for condoning the delay of 1575 days in preferring the accompanying Review. Pet./633/2023 (filing number).
Considering the averments made in this interlocutory application, we are satisfied with the reasons for the delay in filing the review petition and accordingly, condoned the delay. Review petition be listed for its consideration.
I.A. stands allowed accordingly.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 1575 days in filing a review petition should be condoned.
MD. ASHRAF ALI AND 7 ORS.
THE UNION OF INDIA AND 6 ORS.
ACHINTYA MALLA BUJOR BARUA
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
