Gauhati High Court
Page No.# 1/4 vs Gakul Bora And 7 Ors on 25 November, 2024
Page No.# 1/4
GAHC010160882024
2024:GAU-AS:11597
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2446/2024
AMIT KUMAR BORAH
S/O- LATE UMESH CHANDRA BORAH, R/O- CHEROTIA GAON, NABAJYOTI
PATH, BOROGAON, P.S. JORHAT, JORHAT EAST, ASSAM-785001.
VERSUS
GAKUL BORA AND 7 ORS.
S/O- LATE PANIRAM BORA, R/O- VILL.- CHENGELI GAON, MOUZA-
CHARIGAON, PS. JORHAT, DIST. JORHAT, ASSAM, PIN- 785010.
2:SURAJIT BORA
S/O- LATE PANIRAM BORA
R/O- VILL.- CHENGELI GAON
MOUZA- CHARIGAON
PS. JORHAT
DIST. JORHAT
ASSAM
PIN- 785010.
3:SMT. PUNADA BORA
W/O- LATE PANIRAM BORA
R/O- VILL.- CHENGELI GAON
MOUZA- CHARIGAON
PS. JORHAT
DIST. JORHAT
ASSAM
PIN- 785010.
4:CHENIRAM BORA
S/O- LATE FODAI BORA
R/O- VILL.- CHENGELI GAON
MOUZA- CHARIGAON
PS. JORHAT
DIST. JORHAT
Page No.# 2/4
ASSAM
PIN- 785010.
5:NIRU BORA
W/O- LATE BANSHIDAR BORA (BOGAI)
R/O- VILL.- CHENGELI GAON
MOUZA- CHARIGAON
PS. JORHAT
DIST. JORHAT
ASSAM
PIN- 785010.
6:DILIP BORA
S/O- LATE MITHARAM BORA
R/O- VILL.- CHENGELI GAON
MOUZA- CHARIGAON
PS. JORHAT
DIST. JORHAT
ASSAM
PIN- 785010.
7:SMT. RANJUMONI BORA
W/O- PROBIN BORA
R/O- VILL.- CHENGELI GAON
MOUZA- CHARIGAON
PS. JORHAT
DIST. JORHAT
ASSAM
PIN- 785010.
8:THE ADDITIONAL DEPUTY COMMISSIONER
(LAND ACQUISITION)
JORHAT
ASSA
Advocate for the Petitioner : MR B D DAS, MR H K SARMA,MR. D THAOSEN,MR. H R DAS
Advocate for the Respondent : GA, ASSAM,
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 25.11.2024
Heard Mr. B.D. Das, learned Senior Counsel assisted by Mr. H. R. Das,
learned counsel for the applicant; Mr. T.R. Gogoi, learned Government Advocate
for the respondent No.8.
This interlocutory application under Section 5 of the Limitation Act is
preferred by the applicant Shri Amit Kumar Bora, for condonation of delay of 41
days in preferring connected Civil Revision Petition challenging the order dated
28.03.2024 passed by the learned Additional district Judge, Jorhat, in Land
Acquisition Reference No. 30/2022, under Section 3H(4) of the National
Highways Act, 1956
Mr. Das, learned Senior Counsel for the applicant submits that notice upon
respondent Nos. 1 to 7 have been effected by Dasti mode but they have failed
to appear before this Court on 25.08.2024. Mr. Das, further submits that the
applicant has preferred one writ petition being WP(C) No. 3308/2024 before this
Court instead of filing a petition under Article 227 of the Constitution of India
against the impugned judgment passed by the learned Additional District Judge,
Jorhat and in view of Section 14 of the Limitation Act, the period for which the
matter was pending before this Court under Article 226 of the Constitution of
India has to be excluded from the period of limitation and that the cause of
delay for rest of the period has been explained in paragraph Nos. 2 and 3 of this
petition and that delay was not deliberate and wilful and therefore, it is
contended to condone the same.
Mr. Gogoi, learned Government Advocate, State of Assam, for the
Page No.# 4/4
respondent No.8 submits that he has no objection in the event of condoning the
delay of 41 days.
Having heard the submission of learned counsel for both the parties, I
have carefully gone through the petition and the documents placed on record
and also perused the order of this Court dated 02.08.2024, in WP(C)
No.3308/2024. Also I have gone through the statement and averment made in
the paragraph Nos. 2 and 3, of the petition and it appears that the delay of 41
days in filing the connected petition is sufficiently explained and as such, the
delay of 41 days in filing the civil revision petition stands condoned.
Now the Registry has to register the civil revision petition and list the
same before the Court as soon as practicable.
JUDGE
Comparing Assistant
