Disposed

Union of India and 3 Ors. v. Sh. Debabrata Das

Gauhati HC16 Sept 2026I.A.(Civil)/163/2026

Case brief

AI extract

What is this about?

Single judge of the Gauhati High Court disposed of an interlocutory application filed under Order XXXIX Rule 4 and Section 151 CPC. The court noted the equation of writ orders with injunction orders is incorrect, permitted withdrawal, and closed the pending interlocutory application with liberty to file a proper application.

What did the court decide?

Interlocutory application closed with liberty to file a proper application.

Union of India and 3 Ors. Vs Sh. Debabrata Das — Civil Procedure and Limitation | Gauhati HC (2026)

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GAHC030006352026

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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)/163/2026

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Union of India and 3 Ors. Through the Home Secretary, North Block, New Delhi - 110001

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VERSUS

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Sh. Debabrata Das

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S/o Sh Birendra Kumar Das, Resident of Ward No. 5 Kmeswar, Tangibari, North Tripura - 799 253 Currently at Sector Headzuarters, BSF, Aizawl, Mizoram - 796025

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Advocate for the Petitioner : Ms Zairemsangpuii

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Advocate for the Respondent :

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Linked Case : WP(C)/80/2026

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Sh. Debabrata Das S/o Sh. Birendra Kumar Das Resident of Ward No - 5 Kameswar Tangibari North Tripura - 799253. Currently at - Sector Headquarters BSF Aizawl Mizoran

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VERSUS

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Union of India and 3 Ors.

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Through the Home Secretary North Block Delhi - 110001 2:Inspector General Mizoram and Cachar Frontier BSF Masimpur Silchar Assam 3:Deputy Inspector General Sector Headquarter BSF Aizawl Mizoram 4:Commandant 191 BN BSF Aizawl Mizoram

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Advocate for the Petitioner : Ms. Lalrinawmi Chhakchhuak Advocate for the Respondent : Ms Zairemsangpuii CGC for R 1-4

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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JUDGEMENT

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Date : 17.09.2026

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Heard Ms. Zairemsangpuii, learned CGC for the applicant and Ms. L. Chhakchhuak, learned counsel for the respondent.

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It is noticed that this interlocutory application is filed under Order XXXIX, Rule 4 read with Section 151 of the CPC for vacating the interim order dated 29.06.2026, passed in the connected WP(C) No. 80/2026.

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In this regard, the Court is of the considered opinion that the nature

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of orders passed in a writ petition cannot be equated to an injunction order passed under Order XXXIX Rules 1 and 2 of the CPC.

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Therefore, the learned CGC prays for and is permitted to withdraw this interlocutory application with liberty to file an appropriate interlocutory application.

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Accordingly, this interlocutory application stands closed with liberty as prayed for.

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JUDGE

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Comparing Assistant

Union of India and 3 Ors. v. Sh. Debabrata Das

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Union of India and 3 Ors. v. Sh. Debabrata Das

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