Court allowed leave application to file connected appeal after hearing, noting applicants had right to be heard as they cannot be condemned unheard, despite objections from respondents.
Leave application stands allowed so as to enable the applicants to ventilate their grievance
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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GAHC040012652023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : IA(C)/156/2023
Shri Bomi Nyorak and 13 Ors.
Son of Late Pakbom Nyorak, resident of Basar, District Leparada, Arunachal Pradesh. 2: Smti Aihi Taggu Age: Occupation :
3: Shri Er. Tung Sono Age: Occupation :
4: OsemMongku Age: Occupation :
5: Shri Takap Lamrah Age: Occupation :
6: Smti Er. Millo Ampi Age: Occupation :
7: Shri Tana Zoma Age: Occupation :
8: Tad Logi
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Age: Occupation :
9: Shri Er. Kari Ete Age: Occupation :
10: Shri Kenge Angu Age: Occupation :
11: Smti Elena Gao Age: Occupation :
12: Shri Kapu Takar Age: Occupation :
13: Shri Sang Khandu Thondok Age: Occupation :
14: Smti Nabam Yate Age: Occupation
VERSUS
The State of AP and 4 Others represented by Chief Secretary, Govt. of Arunachal Pradesh, Itanagar cum Chairman Departmental Promotion Committee. 2:The Commissioner and Secretary Age: 0 Occupation :
3:Shri Moli Tatu Age: 53 Occupation :
4:Shri Jomba Loya
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Age: 52 Occupation : 5:Shri Itum Naso Age: 0 Occupation
Advocate for the Petitioner : Teto Taba
Advocate for the Respondent : GA (AP)
BEFORE
HONBLE MR. JUSTICE KALYAN RAI SURANA HONBLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 06.12.2023 (K.R. Surana, J)
Heard Mr. B.J. Ghosh, learned counsel for the applicants. Also heard Mr. N. Ratan, learned Additional Advocate General for the State, representing opposite party nos.1 and 2, and Mr. R. Saikia, learned counsel for the opposite party nos.3 to 5.
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and order, they would have a right to be heard because of the well settled legal position that one cannot be condemned unheard. Whether or not there is a merit in the claim is something which would be decided in the connected appeal and not while deciding the leave application. This leave application cannot be allowed to partake the character of a full fledged hearing on merit.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether the leave application should be allowed to enable applicants to ventilate grievance about being adversely affected by a judgment, pending a full hearing on merits.
Shri Bomi Nyorak and 13 Ors.
The State of AP and 4 Others
Kalyan Rai Surana
Budi Habung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
