Gauhati High Court
Biswajit Deuri vs The State Of Assam And 5 Ors on 3 August, 2022
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GAHC010096862022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./94/2022
BISWAJIT DEURI
S/O LATE JAGAT CH. DEORI, R/O VILL AND PO BAHGORAH,PS BIHPURIA,
DIST. NORTH LAKHIMPUR, ASSAM, PIN-784161
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
DEPTT. OF HEALTH AND FAMILY WELFARE, ASSAM (CIVIL)
SECRETARIAT, DISPUR, GUWAHATI-788006
2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN
STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
ASSAM CIVIL SECRETARIAT
DISPUR
GUWAHATI
ASSAM
PIN-781006
3:THE DIRECTOR OF HEALTH SERVICES (FAMILY WELFARE)
ASSAM
SWASTHYA BHAWAN
HENGRABARI
GUWAHATI
ASSAM
PIN-781036
4:THE DEPUTY COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
COMMITTEE (DLC)
NORTH LAKHIMPUR
ASSAM
PIN-787001
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5:THE JOINT DIRECTOR OF HEALTH SERVICE (FW)
NORTH LAKHIMPUR
ASSAM
PIN-787001
6:THE ADDITIONAL CHIEF MEDICAL AND HEALTH OFFICER (FW)
NORTH LAKHIMPUR
DIST. NORTH LAKHIMPUR
ASSAM
PIN-78700
Advocate for the Petitioner : MR. S ROY
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
03-08-2022
(M.R.Pathak, J)
Heard Mr. M. H. Laskar, learned counsel for the review petitioner and Ms. K. Phukan, learned
Government Advocate, Assam for the respondent.
Earlier when the matter was called today, it was adjourned on the prayer of the learned counsel
for the petitioner as Mr. M. H. Laskar, learned counsel for the petitioner was in the midst of a matter
listed before another Court. As such, this matter is taken up on 2 nd call after completion of the Part-I
list.
The petitioner has preferred this review petition on 19.05.2022 against the order dated
12.08.2021 passed by a Division Bench of this Court in WA No. 124/2021 without preferring any
condonation of delay petition.
It is seen that the Filing Section, more particularly, the Assistant Registrar (Judicial-II) of the
Registry of this Court on 30.05.2022 in the check list concerned of this petition did not state anything
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as to whether this review petition is barred by the limitation or not and whether any application for
condonation of delay has been filed or not.
It is to be noted herein that the same Assistant Registrar (Judicial-II) of the Registry of this
Court, in another matter listed before this Court today as item No. 30 relating to review petition filed
against the judgment and order dated 04.08.2021 passed in WA No. 11/2021, observed regarding the
delay in preferring the said review petition wherein the applicant/review petitioner has filed
application for condonation of delay in preferring the said review petition.
However, in the present matter, the Filing Section of the Registry of this Court did not look into
the matter and registered this review petition without observing regarding the delay in preferring this
review petition.
In view of the above, Registry shall list this matter after a week along with its report as to why
the Filing Section of the Registry of this Court did not look into the matter and as to whether there
was no such requirement of filing condonation petition in preferring review petition against the order
of a Writ Appellate Court or not.
List accordingly.
JUDGE JUDGE
Comparing Assistant
