Dilip Baruah Alias Dilip Kumar Baruah Vs the State of Assam and 8 Ors. — Gauhati HC (2026) — LawSathi Research

Dilip Baruah Alias Dilip Kumar Baruah Vs the State of Assam and 8 Ors. — Gauhati HC (2026) — LawSathi Research

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GAHC010272882025

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

Case No. : I.A.(Civil)/4044/2025

DILIP BARUAH ALIAS DILIP KUMAR BARUAH

S/O LATE LALIT CH. SHARMA BARUAH, R/O VILL .MILANPUR, WARD NO. 6, P.O. AND P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM, 784176

VERSUS

THE STATE OF ASSAM AND 8 ORS REPRESENTED BY HE SECY. TO THE GOVT. OF ASSAM, CO OPERATIVE DEPTT., 2ND FLOOR, E BLOCK, JANATA BHAWAN, DISPUR, GUWAHATI, DIST. KAMRUP (M), ASSAM.

2:THE REGISTRAR OF CO OPERATIVE SOCIETIES

ASSAM KHANAPARA GUWAHATI ASSAM 781022

3:THE ZONAL JOINT REGISTRAR OF CO OPERATIVE SOCIETIES

TEZPUR ZONE P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM 784001

4:THE DIST. BY REGISTRAR CO OPERATIVE SOCIETIES TEZPUR P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM 784001

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5:THE ASSTT. REGISTRAR

CO OPERATIVE SOCIETIES BISWANATH CHARIALI DIST. BISWANATH ASSAM 784176

6:THE DY. COMMISSIONER

TEZPUR P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM 784001

7:BINAPANI CO OPERATIVE STORES LTD.

REPRESENTED BY ITS PRESIDENT A BODY CONSTITUTED UNDER THE ASSAM CO OPERATIVE SOCIETIES ACT 1949 HAVING ITS CORPORATE OFFICE AT BISWANATH CHARIALI AND A LOCAL HEAD OFFICE AT NH 15 BISWANATH CHARIALI DIST. BISWANATH ASSAM 784176

8:THE MANAGING SECRETARY

BINAPANI CO OPERATIVE STORES LTD. NH 15 BISWANATH CHARIALI DIST. BISWANATH ASSAM 784176

9:BIPUL BARUAH S/O LATE LALIT CH. SHARMA BARUAH R/O VILL. MILANPUR WARD NO. 6 P.O. AND P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM 78417

Advocate for the Petitioner : MR S BORTHAKUR, SK ABDULLAH,MR. J ABBAS

Advocate for the Respondent : SC, CO OP,

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Linked Case : CRP/0/0

DILIP BARUAH ALIAS DILIP KUMAR BARUAH S/O- LATE LALIT CHANDRA SHARMA BARUAH R/O- VILL.- MILANPUR WARD NO. 6 P.O. AND P.S. BISWANATH CHARIALI DIST. SONITPUR ASSAM PIN- 784176. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM CO-OP. DEPARTMENT 2ND FLOOR E-BLOCK JANATA BHAWAN DISPUR GUWAHATI DIST. KAMRUPM ASSAM PIN- 781006. 2:THE REGISTRAR OF CO OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI ASSAM 781022 3:THE ZONAL REGISTRAR OF CO OPERATIVE SOCIETIES TEZPUR ZONE P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM PIN- 784001. 4:THE DISTRICT DY REGISTRAR CO-OP. SOCIETIES TEZPUR DIST. SONITPUR ASSAM PIN- 784001. 5:THE ASSTT REGISTRAR CO-OPERATIVE SOCIETIES BISWANATH CHARIALI DIST. SONITPUR ASSAM

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PIN- 784176 6:THE DY COMMISSIONER TEZPUR DIST. SONITPUR ASSAM PIN- 784001.7 BINAPANI CO-OP STORES LTD. 7:BINAPANI CO OPERATIVE STORES LTD REPRESENTED BY ITS PRESIDENT A BODY CONSTITUTED UNDER THE ASSAM CO-OPERATIVE SOCIETIES ACT 1949 HAVING ITS CORPORATE OFFICE AT BISWANATH CHARIALI AND A LOCAL HEAD OFFICE AT NH-15 BISWANATH CHARIALI DIST. SONITPUR ASSAM PIN- 784176. 8:THE MANAGING SECRETARY BINAPANI CO-OP STORES LTD. AT NH-15 BISWANATH CHARIALI DIST. SONITPUR ASSAM PIN- 784176. 9:BIPUL BARUAH S/O- LATE LALIT CH. SHARMA BARUAH R/O- VILL.- MILANPUR WARD NO. 6 P.O. AND P.S. BISWANATH CHARIALI DIST. SONITPUR ASSAM PIN- 784176. -----------Advocate for : MR PARAM HANGKHA KONWAR Advocate for : appearing for THE STATE OF ASSAM AND ORS

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

Date : 06/03/2026

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(Michael Zothankhuma, J)

Heard Mr. J. Abbas, learned counsel for the applicant, who submits that there is a delay of 40 days in preferring the appeal against the order dated 21/08/2025 passed in WP(C) 1956/2023.

Office note dated 02/03/2026 states that there is no return of AD Card or unserved notice from the respondent nos. 7 to 9, who had been issued notices on 30/01/2026.

The grounds for the delay in filing the appeal, as provided in the application is that the applicant is an elderly man of over 70 years of age. He is having multiple health issues like cardiac disease, hypertension and hyperglycemia, due to which he could not travel to Guwahati after passing of the impugned order dated 21/08/2025. Further, due to his health problem, the petitioner could not arrange for fees earlier. After recovering from some of his ailments, the petitioner arranged fees for filing the writ appeal and travelled to Guwahati on 25/10/2025 to engage an Advocate. Finally, the appeal could be filed on 31/10/2025. As such, there was a delay of 40 days.

The applicant’s case is that there was no intention or deliberate delay in filing the appeal.

Mr. G. Bordoloi, learned Standing Counsel, Cooperation Department, Assam, appearing for the respondent nos. 1 to 5 submits that he has got no objection to the delay being condoned.

On considering the grounds for the delay taken by the applicant in his application, we are of the view that the illness of the over 70 years old applicant is believable. Accordingly, we find that sufficient cause for the delay is made out. The delay of 40 days is hereby condoned.

IA is accordingly disposed of.

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8. Registry to Register the appeal.

JUDGE JUDGE

Comparing Assistant