Nazra Ahmed vs The State Of Assam And 5 Ors
2021 Latest Caselaw 2753 Gua

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GAHC010051052021




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

                         Case No. : I.A.(Civil)/906/2021

         NAZRA AHMED
         W/O- LATE AHTASAMUDDIN AHMED, R/O- HOUSE NO. 33, S.C. BYELANE,
         ALOOGUDAM, ATHGAON, GUWAHATI-781001, P.S. BHARALUMUKH, DIST.-
         KAMRUP(M), ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-06.

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          REVENUE DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:THE SECRETARY TO THE GOVT. OF ASSAM
          HANDLOOM AND TEXTILE DEPARTMENT
          DISPUR
          GUWAHATI-06.

         4:THE DEPUTY COMMISSIONER
          KAMRUP(METRO)

          GUWAHATI- 781001.

         5:THE GAUHATI MUNICIPAL CORPORATION
          REP. BY ITS COMMISSIONER
          GUWAHATI-781001.

         6:THE COLLECTOR
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              GAUHATI MUNICIPAL CORPORATION
              GUWAHATI- 781001

Advocate for the Petitioner     : MR. N N B CHOUDHURY

Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MRS. JUSTICE MALASRI NANDI order 09-11 -2021

[N. Kotiswar Singh, J]

Heard Mr. N.N.B. Choudhury, learned counsel for the applicant. Also heard Ms. M. Bhattacharya, learned Government Advocate, Assam, for the respondent nos. 1 & 4, Mr. P. Nayak, learned Standing Counsel, Gauhati Municipal Corporation for the respondent nos. 5 & 6, Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent no.2 and Mr. R. Dhar, learned Standing Counsl, Handloom and Textile Department for the respondent no.3.

This application has been filed under Section 5 of the Limitation Act, 1963 for condoning the

delay of 491 days in filing the connected writ appeal against the judgment and order dated 11.10.2018

passed in WP(C) no.3298/2012 and other connected matters.

Learned counsel for the applicant submits that the applicant is an uneducated woman and was

unaware about the judgment and order dated 11.10.2018 passed in WP(C) no.3298/2012 and other

connected matters and by the time it came to the knowledge of the applicant, the Covid-19 pandemic

struct leading to nationwide lockdown and as such, she could not take appropriate steps for filing of

the Writ Appeal on time.

Learned counsel for the respondents have not raised any serious objection to this prayer.

We are also of the considered opinion that the present is a fit case where the delay of 491 days Page No.# 3/3

deserves to be condoned and the Appeal be heard on merit.

Accordingly, the prayer of condonation of delay for 491 days stands allowed.

Office to register the connected writ appeal and list it on 18.11.2021 by showing the names of the counsel for all the parties.

Interlocutory Application stands disposed of.

                                    JUDGE                                      JUDGE


Comparing Assistant