Allowed¶26

Shyamal Kumar Das v. the Union of India and 4 Ors.

Gauhati HC11 Mar 2025MC/45/2024

Case brief

AI extract

What is this about?

Gauhati High Court, Suman Shyam, J. - Misc. Case MC/45/2024 (decided 12-03-2025): Shyamal Kumar Das v. The Union of India and 4 Ors. Prayer to set aside order dated 02.05.2024 dismissing W.P.(C) no. 3239/2014 for non-prosecution and to restore the writ petition; allowed; writ petition restored to original file and to be listed after two weeks as a fixed item; misc. case disposed of. Advocates: MS. P Saharia and MR. P Mahanta for petitioner; Ms. M. Bora (DY.S.G.I.) and MR. S P Choudhury (CGC) for all respondents.

What did the court decide?

Order dated 02.05.2024 set aside; W.P.(C) no. 3239/2014 restored to its original file; Office to list the writ petition after 2 (two) weeks for necessary orders as a fixed item; misc. case disposed of. ¶26

Shyamal Kumar Das Vs the Union of India and 4 Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010127042024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MC/45/2024

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SHYAMAL KUMAR DAS

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EXGS-17641 A BR- 2, S/O- LT.NIRANJAN KUMAR DAS, R/O VILL.JABGACHHI JADUPUR, DIST.- MALDA, WEST BENGAL, NOW RESIDING AT MALIGAON RAILWAY COLONY, P.O.- MALIGAON, DIST.- KAMRUP M, ASSAM.

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VERSUS

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THE UNION OF INDIA and 4 ORS

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REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF SURFACE TRANSPORT, NEW DELHI.

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2:THE SECRETARY GOVT. OF INDIA MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION DEPARTMENT OF PENSION and PENSIONERS WELFARE LOKNAYAK BHAWAN NEW DELHI-110003

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3:THE DIRECTOR GENERAL BORDER ROADS SENA SADAK BHAWAN RING ROAD DELHI CANTT NEW DELHI-110010

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4:THE CHIEF ENGINEER

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PROJECT UDAYAK C/O 99 A.P.O.

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5:COMMANDER 752 BORDER ROADS TASK FORCE C/O 99 A.P.O

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Advocate for the Petitioner : MS.P SAHARIA, MS. P SAHARIA,MR. P MAHANTA

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Advocate for the Respondent : DY.S.G.I., Ms. M. Bora, DY.S.G.I.,,MR. S P CHOUDHURY (FOR ALL THE RESPONDENTS)

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 12-03-2025

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Heard Mr. P. Mahanta, learned counsel for the applicant. Also heard Mr. S.P. Choudhury, learned CGC representing the opposite parties.

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This miscellaneous case has been filed with a prayer to set aside the Order dated 02.05.2024 passed in W.P.(C) no. 3239/2014 dismissing the writ petition for non-prosecution and for restoration of the same in its original record.

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I have perused the grounds stated in the petition explaining the default on the part of the petitioner. Also heard the submissions made by Mr. Mahanta in support of the above grounds.

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Mr. Choudhury, learned CGC submits that he does not have instruction to file objection opposing the prayer made in the miscellaneous case.

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In view of the above and considering the explanation furnished by the learned counsel for the applicant, the prayer stands allowed.

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The Order dated 02.05.2024 is hereby set aside. The writ petition being

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W.P.(C) no. 3239/2014 stands restored to its original file.

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Office to list the writ petition after 2 (two) weeks for necessary orders as a fixed item.