Gauhati High Court
Vanlalngheta vs Smt. Lalremmawii And Anr on 23 October, 2024
Page No.# 1/3
GAHC010095752024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1946/2024
VANLALNGHETA
S/O LATE ROHMINGLIANA, C/O C. LALKUNGA, R/O HOUSE NO. B-26,
CHANDMARI VENG, AIZAWL, MIZORAM
VERSUS
1.SMT. LALREMMAWII and ANR
D/O LATE ROHMINGLIANA, R/O ZARKAWT VENG, AIZAWL, MIZORAM,
PIN 796001
2:SMTI LALDINGLIANI
D/O LATE ROHMINGLIANA
R/O ZARKAWT VENG
AIZAWL MIZORAM PIN 79600
Linked Case : MC/40/2024
VANLALNGHETA
S/O LATE ROHMINGLIANA
C/O C. LALKUNGA
R/O HOUSE NO. B-26 CHANDMARI VENG AIZAWL
MIZORAM
VERSUS
1.SMT. LALREMMAWII and ANR
D/O LATE ROHMINGLIANA
R/O ZARKAWT VENG
AIZAWL MIZORAM PIN 796001
2:SMTI LALDINGLIANI
D/O LATE ROHMINGLIANA
R/O ZARKAWT VENG AIZAWL
MIZORAM PIN 796001
Page No.# 2/3
Linked Case : WA/316/2021
VANLALNGHETA and
S/O LATE ROHMINGLIANA
C/O C. LALKUNGA
R/O HOUSE NO. B-26
CHANDMARI VENG AIZAWL MIZORAM
VERSUS
1.SMT. LALREMMAWII and ANR
D/O LATE ROHMINGLIANA
R/O ZARKAWT VENG AIZAWL MIZORAM
2:THE CHIEF ENGINEERASSAM
CHANDMARI GUWAHATI.
3:THE SUPERINTENDING ENGINEER
PWD ROAD CACHAR.
4:THE EXECUTIVE ENGINEERSILCHAR
PWD ROAD CACHAR.
For the Applicant(s) : Ms. R. Bharali, Advocate on behalf of Mr. H. Buragohain,
Advocate.
For the Respondent(s) : ..............................................
- BEFORE -
HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 23.10.2024 (Vijay Bishnoi, CJ) The matter comes upon for consideration of the instant Interlocutory Application filed by the applicant with a prayer to condone the delay of 584 days in preferring the connected Miscellaneous Application for restoring WA No.316/2021.
On last occasion, i.e. on 19.07.2024, the applicant was directed to take Page No.# 3/3 steps for service of notice upon the respondents by registered post with A/D within 3(three) days. However, no steps have been taken till date.
It is to be noticed that WA No.316/2021, which was dismissed for default vide order dated 03.08.2022, was preferred against the judgment and order dated 12.02.2016 passed by the learned Single Judge in WP(C) No.79/2012 and WP(C) No.80/2012 at Aizawl Bench.
From perusal of the order dated 12.02.2016, it appears that the aforesaid writ petitions, WP(C) No.79/2012 and WP(C) No.80/2012 were allowed by the learned Single Judge while exercising jurisdiction under Article 227 of the Constitution of India.
Prima-facie, we are of the view that a writ appeal against the order passed by the learned Single Judge while exercising jurisdiction under Article 227 of the Constitution of India is not maintainable.
However, the learned counsel appearing for the applicant prays for some time to satisfy this Court regarding the maintainability of the writ appeal which is sought to be revived.
Time prayed for is granted.
List after 4(four) weeks.
JUDGE CHIEF JUSTICE Comparing Assistant