The Union of India and 3 Ors. Vs No 119880627 Constable Gd Deben Sinha — Gauhati HC (2026) — LawSathi Research

The Union of India and 3 Ors. Vs No 119880627 Constable Gd Deben Sinha — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of the 85 days' delay in preferring the connected Writ Appeal; Registry directed to register the connected Writ Appeal and list it on 27.02.2026 if there is no defect in filing.

Issue for consideration

Whether the delay of 85 days in preferring the connected Writ Appeal against the judgment and order dated 22.07.2025 passed by the learned Single Judge in WP(C) No. 5947/2021 should be condoned.

Court's answer

Having considered the explanations tendered by the applicants, the Court was satisfied that the delay occasioned in preferring the connected Writ Appeal was neither deliberate nor actuated by negligence but resulted from bona fide circumstances beyond the control of the applicants/appellants.

Ratio / Principle

In the absence of gross latches or mala fide intention attributable to the applicants, the Court would lean in favour of the adjudication on merits.

Key takeaways

On the given facts, the explanation furnished inspired confidence, and no prejudice was demonstrated to have been caused to the respondents by the delay.ratio¶¶33
The Court held the causes shown sufficient and, in the interest of justice, condoned the delay of 85 days; ordered accordingly.ratio¶¶34

Detailed headnote1 paragraphs

Gauhati High Court (Division Bench: Honourable the Chief Justice Mr. Ashutosh Kumar with Honourable Mr. Justice Arun Dev Choudhury), by order dated 05-01-2026 authored by Arun Dev Choudhury, J, in I.A.(Civil)/4161/2025, allowed the interlocutory application filed by the Union of India and 3 others (applicants/appellants) seeking condonation of an 85-day delay in preferring the connected Writ Appeal against the judgment and order dated 22.07.2025 passed by the learned Single Judge in WP(C) No. 5947/2021 (opposite party: No. 119880627 Constable GD Deben Sinha, C Coy 98 Bn BSF). Finding the delay neither deliberate nor actuated by negligence but arising from bona fide circumstances beyond the applicants' control, with no gross latches or mala fide intention and no demonstrated prejudice to the respondent, the Court condoned the delay and directed the Registry to register the connected Writ Appeal and list it on 27.02.2026 if free of defects.

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GAHC010258342025

2026:GAU-AS:36-

DB

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

Case No. : I.A.(Civil)/4161/2025

THE UNION OF INDIA AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI 110001

2: THE DIRECTOR GENERAL OF JAMMU FRONTIER BSF PALOURA CAMPUS

JAMMU JK PIN 181124

3: THE COMMANDANT 98 BN BSF

BSF THQ PALOURA BSF CAMP

JAMMU JK PIN 181124

4: THE CHIEF LAW OFFICER LAW BRANCH FHQ BSF NEW DELHI 11000

VERSUS

NO 119880627 CONSTABLE GD DEBEN SINHA

C COY 98 BN BSF, SO DINENDRA NARAYAN SINHA, RO ALGAPUR, PO RAJNAGAR,DIST CACHAR,PS SILCHAR, ASSAM, PIN 788026

Advocate for the Petitioner : MR. K K PARASAR, DY.S.G.I.

Advocate for the Respondent : MR M J QUADIR, FOR CAVEATOR,MR. A K HANNAN

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BEFORE

HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

05-01-2026

(Arun Dev Choudhury, J)

1. Heard Mr. K. K. Parasar, learned Central Government Counsel, for the applicants and Mr. M. J. Quadir, learned counsel for the sole opposite party/respondent.

2 . The present Interlocutory Application has been filed by the applicants/appellants seeking condonation of the delay of 85 days in preferring the connected appeal against the judgment and order dated 22.07.2025 passed by the learned Single Judge in WP(C) No. 5947/2021.

3 . The grounds of delay are explained in paragraph Nos. 3 & 4 of the instant application.

4. Mr. M. J. Quadir, learned counsel for the sole opposite party/respondent, has vehemently opposed the application on the ground that the delay is not adequately explained and the reasons cited in the application are vague and not sufficient.

5. Having considered the explanations tendered by the applicants, we are satisfied that the delay occasioned in preferring the connected Writ Appeal was neither deliberate nor actuated by negligence but resulted from bona fide circumstances beyond the control of the applicants/appellants. In the

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absence of gross latches or mala fide intention attributable to the applicants, this Court would lean in favour of the adjudication on merits.

6 . In the given facts of the present case, the explanation furnished inspires confidence, and no prejudice is demonstrated to have been caused to the respondents by such delay.

7 . Accordingly, in the interest of justice and having satisfied that the causes shown are sufficient to condone the delay of 85 days, we deem it appropriate to condone the delay. Ordered accordingly.

8 . Registry to register the connected Writ Appeal and list the same on 27.02.2026 , if there is no defect in filing the same.

JUDGE CHIEF JUSTICE

Comparing Assistant