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2023 Latest Caselaw 2590 Gua

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GAHC010114882023




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

                         Case No. : I.A.(Civil)/1691/2023
                                    In WA 6106/2023
                                     (Filing Number)

         ANIL KALITA AND 4 ORS.
         S/O- KALI RAM KALITA, R/O- HOUSE NO-20, USHA NAGAR, BORBARI, VIP
         ROAD, P.O- BELTOLA, P.S- DISPUR, GUWAHATI-36, KAMRUP (M), ASSAM

         2: HIRAN NATH TALUKDAR
          S/O- NRIPEN TALUKDAR
         R/O- USHA NAGAR, BORBARI, VIP ROAD,
         P.O- BELTOLA, P.S- DISPUR, GUWAHATI-36,
          KAMRUP (M), ASSAM

         3: DIPJYOTI BARMAN
          S/O- BIREN BARMAN
         R/O- USHA NAGAR, BORBARI,
         NEAR USHA NAGAR SHIV TEMPLE
         P.O- BELTOLA,P.S- DISPUR
          GUWAHATI-36, KAMRUP (M), ASSAM

         4: JYOTISH DEKA
          S/O- LATE DHIRESWAR DEKA
         R/O- H. NO-33, USHA NAGAR, BORBARI,
         P.O- BELTOLA, P.S- DISPUR, GUWAHATI-36
          KAMRUP (M), ASSAM

         5: MINAKSHI DAS,
          W/O- NISHI PAD SWARGIARY,
         R/O- VIP ROAD, USHA NAGAR, BORBARI
         P.O- BELTOLA, P.S- DISPUR, GUWAHATI-36
          KAMRUP (M), ASSAM

         VERSUS
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           THE STATE OF ASSAM AND 4 ORS.
           REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
           GOVERNMENT OF ASSAM, REVENUE (SETTLEMENT) DEPARTMENT,
           DISPUR, GUWAHATI-6, ASSAM

           2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
            REP. BY ITS CHAIRMAN
            BHANGAGARH, GUWAHATI- 781006, ASSAM.

           3:THE GUWAHATI MUNICIPAL CORPORATION
            REP. BY ITS COMMISSIONER, GUWAHATI-06, ASSAM.

           4:THE DEPUTY COMMISSIONER, KAMRUP (M),
            HENGRABARI, GUWAHATI-36, ASSAM.

           5:THE CIRCLE OFFICER,
            DISPUR REVENUR CIRCLE, DISPUR, GUWAHATI-0

For the Applicant(s)    :   Mr. M. Kalita, Advocate.


For the Respondent(s) :          Mr. R. Borpujari, Standing Counsel, Revenue

Department for respondent No.1.

Mr. S. Bora, Standing Counsel, GMC for respondent Nos.2 and 3.

Mr. P. Sarmah, Additional Senior Advocate for respondent Nos.4 and 5.

-B E F O R E -

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

19.06.2023

Heard the learned counsel for the parties. The instant Interlocutory Application has been filed seeking condonation of delay of 52 days occasioned in preferring the connected writ appeal against the judgment and order dated 03.03.2023 passed by the learned Single Bench Page No.# 3/3

in W.P.(C ) No.1256/2023 and other connected writ petitions.

Learned counsel for the respondents do not object to the prayer for condonation of delay. 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 along with WA No.126/2023 for admission.

                      JUDGE                      CHIEF JUSTICE




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