Page No.# 1/3 vs The Union Of India And 5 Ors
2023 Latest Caselaw 2589 Gua

                                                                   Page No.# 1/3

GAHC010084702023




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

                         Case No. : I.A.(Civil)/1690/2023
                                   In WA 4396/2023
                                      (Filing Number)

         LALBANU NESSA AND 5 ORS.
         W/O HAIDAR ALI, R/O - HALDHIBARI, SAPMARI P.S.- MORIGAON, DIST-
         MORIGAON, ASSAM, PIN-782104. (LICENSE NO. M/S PDS-1/93)

         2: NOBABAR DEKA
          S/O- GHANAKANTA DEKA
         R/O - GHAGUA RAJAGAON, GHAGUA
         P.S.- MORIGAON, DIST- MORIGAON, ASSAM
          PIN-782105.
         (LICENSE NO. M/S. PDS R 33/91).

         3: ABDUL KHALEK
          S/O LATE ABDUL LATIF
         R/O - LOCHANABARI NIGAM, JALUGUTI
         P.S.- MORIGAON, DIST- MORIGAON, ASSAM
          PIN- 782104.
         (LICENSE NO. M/S PDS (R)-2/2008).

         4: ABDUL MATIN
          S/O - LATE. CHOBAD
         R/O - PHALIAMARI, BHURAGAON
         P.S.- MAYENG, DIST- MORIGAON, ASSAM
          PIN-782105.
         (LICENSE NO. M/S PDS 21/88).

         5: KAMAL UDDIN
          S/O - ANICH ALI
         R/O -PHALIHAMARI, BHURAGAON
         P.S.-MAYENG, DIST- MORIGAON
          ASSAM
          PIN- 782121.
         (LICENSE NO.MS/PDS(R)-1/2008).
                                                                       Page No.# 2/3


           6: ABUL KASEM
            S/O ASAHAQUE ALI
           R/O - KARIGURI, SANDAH KHAITI
           P.S.- MAYANG, DIST- MORIGAON
            ASSAM, PIN-782105.
           (LICENSE NO. M/S/PDS 11/2006)

           VERSUS

           THE UNION OF INDIA AND 5 ORS.
           REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOOD AND PUBLIC
           DISTRIBUTION, KRISHI BHAWAN, NEW DELHI - 110001.

           2:THE STATE OF ASSAM
            REPRESENTED BY THE SECRETARY
           GOVT. OF ASSAM
           DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS
           ASSAM SECRETARIAT, DISPUR, ASSAM.

           3:THE DIRECTOR, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS
           BHANGAGARH, GUWAHATI, ASSAM
            PIN- 781005.

           4:THE DEPUTY COMMISSIONER, MORIGAON,
           ASSAM,PIN- 782105.

           5:THE DEPUTY DIRECTOR, FOOD CIVIL SUPPLIES AND CONSUMER
           AFFAIRS, MORIGAON
           OFFICE OF THE DEPUTY COMMISSIONER, MORIGAON, ASSAM.

           6:THE SUB-DIVISIONAL OFFICER (CIVIL), MORIGAON, DIST.-MORIGAON
           ASSAM

For the Applicant(s)    :   Ms. R. Saha, Advocate.


For the Respondent(s)   :    Ms. P. Tamuli, Advocate on behalf of Ms. K. Phukan,

CGC for respondent No.1.

Mr. N. Das, Government Advocate, Assam for respondent Nos.2 to 6.

Page No.# 3/3

-B E F O R E -

HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE MITALI THAKURIA

19.06.2023

Heard learned counsel for the parties.

The instant Interlocutory Application has been filed under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 80 days occasioned in preferring the connected writ appeal against the judgment and order dated 22.12.2022 passed by the learned Single Bench in WP(C) No.693/2022.

This Court is informed that identical writ appeal being WA No.44/2023 has already been admitted.

Though learned counsel for the respondents have verbally objected the prayer for condonation of delay, however, no written objection has been filed. Otherwise also the grounds set up in the application for condonation of delay appear to be germane. Hence, the application is allowed and delay is condoned.

Registry shall number the connected writ appeal and list the same for admission along with WA No.44/2023.

                      JUDGE                            CHIEF JUSTICE




Comparing Assistant