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GAHC010149192024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2212/2024
In WA No.7255/2024 (Filing Number)
ABDUL KADER
S/O. LT. D. ALI, R/O. HOUSE NO. 14, SIJUBARI ROAD, NEAR SBI, P.S.
HATIGAON, GUWAHATI-38, DIST. KAMRUP M, ASSAM.
VERSUS
1.THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMM. and SPL. SECY. TO THE GOVT. OF ASSAM, PUBLIC
WORKS ROADS DEPTT., DISPUR, GHY.-06.
2:THE SECRETARY TO THE GOVT. OF ASSAM
PUBLIC WORKS ROADS DEPTT.
DISPUR GHY.-06.
3:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR GHY.-06.
4:THE CHIEF ENGINEER
PUBLIC WORKS ROADS DEPTT. CHANDMARI GHY.-03
For the Applicant : Mr. B.M. Deka, Advocate.
For the Respondent(s) : Mr. D. Nath, Senior Government Advocate, Assam.
– BEFORE –
HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI
HON’BLE MR. JUSTICE SUMAN SHYAM
31.07.2024
(Vijay Bishnoi, CJ)
This Interlocutory Application is filed on behalf of the applicant under
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Section 5 of the Limitation Act, 1963, with a prayer to condone the delay of 416
days occasioned in filing the connected writ appeal.
The applicant has explained the reasons for the delay in filing the
connected writ appeal in para Nos.2, 3 and 4 of the Interlocutory Application.
Mr. D. Nath, learned Senior Government Advocate, Assam appearing for
the respondents has opposed the application for condonation of delay.
Having heard the learned counsel appearing for the parties and after
going through the contents of the Interlocutory Application, we deem it
appropriate to condone the delay of 416 days occasioned in filing the connected
writ appeal. Hence, the Interlocutory Application is allowed and the delay of 416
days occasioned in filing the connected writ appeal is condoned.
The Registry is directed to register the connected writ appeal and list the
same for admission before this Court after 3(three) weeks.
This Interlocutory Application is, accordingly, disposed of.
JUDGE CHIEF JUSTICE
Comparing Assistant