Application for restoration of a writ petition dismissed for non-prosecution. The court allowed the application, holding that a litigant should not suffer for the unintentional fault of counsel, and directed restoration of the writ petition.
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GAHC010136262024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/58/2024
MANOWAR HUSSAIN SAIKIA
S/O- LATE MUSLIM UDDIN OF VILL- DAKHIN KALADUBA, P.S. JURIA, DIST.- NAGAON, ASSAM. PIN- 782124.
VERSUS
MD. NABI HUSSAIN AND 3 ORS S/O- LATE SAMSUDDIN, R/O- UTTAR KALADUBA, P.S. JURIA, DISTRICTNAGAON, ASSAM, PIN- 782124.
2:DEPUTY COMMISSIONER-CUM-RETURNING OFFICER NAGAON DISTRICT- NAGAON ASSAM.
3:DULAL DEBNATH ADDITIONAL DEPUTY COMMISSIONER NAGAON CUM- IN- CHARGE PANCHAYAT ELECTION OF 55 NO. JENGONI KALADUBA GAON PANCHAYAT DISTRICT- NAGAON ASSAM.
4:TAHARUN NESSA W/O- IKRAMUL HUSSAIN VILL. JENGONI MOUZA- ALITANGONI P/S- DHING DIST.- NAGAON ASSAM.
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5:MUSTAKIM ALOM S/O- ABDUL MUNNAF R/O- DAKHIN KALADUBA MOUZA- ALITANGONI P/S- JURIA DIST.- NAGAON ASSAM
Advocate for the Petitioner : MR. M H SAIKIA, MR. M H SAIKIA
Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 17.09.2024
Heard Mr. M.H. Saikia learned counsel for the petitioner.
The present application is filed for restoration of WP(C) No.4102/2022 which was dismissed for non-prosecution by an order of this court dated 03.06.2024.
It is explained at paragraph Nos.2 & 3 that due to unprecedented heavy rain on 03.06.2024 resulting in heavy traffic jam and water logging, the learned counsel for the petitioner could not remain present when the matter was called inasmuch as, he somehow reached the court at 12.30 noon, however, in the meantime the matter was dismissed for non-prosecution.
Considering the explanation given and also considering the settled proposition that for the unintentional fault of the counsel for the petitioner the litigant should not be allowed to suffer, the present application stands allowed.
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Registry to restore the writ petition being WP(C) No.4102/2022 to its original file and list the matter as per roaster after the ensuing puja vacation.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition dismissed for non-prosecution should be restored given counsel's absence caused by heavy rain and traffic.
Manowar Hussain Saikia
Md. Nabi Hussain
Deputy Commissioner-Cum-Returning Officer Nagaon
Dulal Debnath
Taharun Nessa
Mustakim Alom
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
