Power Grid Corporation Of India ... vs The State Of Assam And 2 Ors
2023 Latest Caselaw 2720 Gua

                                                                   Page No.# 1/3

GAHC010143432023




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

                                   Case No. : CRP/100/2023

            POWER GRID CORPORATION OF INDIA LIMITED
            NER BADARPUR GHAT, P.O.-BADARPUR GHAT, P.S.-PANCHGRAM, DIST-
            HAILAKANDI, PIN-788806, ASSAM, REPRESENTED BY THE DEPUTY
            GENERAL MANAGER



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM, POWER DEPARTMENT, DISPUR, GUWAHATI-6

            2:THE DEPUTY COMMISSIONER
             HAILAKANDI
             DIST-HAILAKANDI

            3:ALAUDDIN BARBHUIYA
             S/O LATE ABDUL KARIM BARBHUIYA
            VILL- KALINAGAR PT-VII
             P.O.-UTTAR KANCHANPUR
             DIST- HAILAKANDI
             PIN-788801
            ASSA

Advocate for the Petitioner   : MR. N C DAS

Advocate for the Respondent : GA, ASSAM
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                                BEFORE
               HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                     ORDER

19.07.2023

Heard Ms. M. Devi, learned counsel for the petitioner, who by means of this petition has put to challenge a judgment dated 12.08.2022 passed by the learned Addl. District Judge, Hailakandi in Misc. (P.G.) Case No. 76/2015. The aforesaid judgment has been passed in exercise of powers under Sections 10 read with Section 16 of the Indian Telegraph Act, 1885.

Amongst other grounds regarding the enhancement made, the learned counsel has strenuously argued that the petition itself was barred by limitation and therefore, the same should have been rejected.

Attention of this Court has been drawn to the specific contention raised in the written objection before the learned Court below regarding limitation which however has not been properly considered.

The learned counsel has also placed on record a similar case in which the learned Judge had accepted the plea of limitation and had dismissed the petition.

Issue notice, returnable by 4 (four) weeks.

Shri T.R. Gogoi, learned Government counsel accepts notice on behalf of the respondent nos. 1 & 2.

Let extra copies of the writ petition be served upon him within 2 (two) days.

Let notice be issued to the private respondents by registered post with A/D.

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Steps within 2 (two) days.

The learned counsel has prayed for an interim order.

This Court on perusal of the materials on record is of the prima facie opinion that the objection regarding limitation has not been properly considered in the impugned judgment and the said point appears to be a substantial point.

In view of the above, till the returnable date, the impugned judgment dated 12.08.2022 passed by the learned Addl. District Judge, Hailakandi in Misc. (P.G.) Case No. 76/2015 shall remain suspended.

JUDGE

Comparing Assistant