Vanlalngheta vs Smt. Lalremmawii And Anr
2024 Latest Caselaw 7973 Gua

Gauhati High Court

Vanlalngheta vs Smt. Lalremmawii And Anr on 23 October, 2024

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GAHC010095752024




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

                          Case No. : I.A.(Civil)/1946/2024

         VANLALNGHETA
         S/O LATE ROHMINGLIANA, C/O C. LALKUNGA, R/O HOUSE NO. B-26,
         CHANDMARI VENG, AIZAWL, MIZORAM

         VERSUS

         1.SMT. LALREMMAWII and ANR
         D/O LATE ROHMINGLIANA, R/O ZARKAWT VENG, AIZAWL, MIZORAM,
         PIN 796001

         2:SMTI LALDINGLIANI
          D/O LATE ROHMINGLIANA
          R/O ZARKAWT VENG
         AIZAWL MIZORAM PIN 79600

         Linked Case : MC/40/2024

         VANLALNGHETA
         S/O LATE ROHMINGLIANA
         C/O C. LALKUNGA
         R/O HOUSE NO. B-26 CHANDMARI VENG AIZAWL
         MIZORAM

          VERSUS

         1.SMT. LALREMMAWII and ANR
         D/O LATE ROHMINGLIANA
          R/O ZARKAWT VENG
         AIZAWL MIZORAM PIN 796001

         2:SMTI LALDINGLIANI
         D/O LATE ROHMINGLIANA
          R/O ZARKAWT VENG AIZAWL
          MIZORAM PIN 796001
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            Linked Case : WA/316/2021

           VANLALNGHETA and
           S/O LATE ROHMINGLIANA
           C/O C. LALKUNGA
           R/O HOUSE NO. B-26
           CHANDMARI VENG AIZAWL MIZORAM

            VERSUS

           1.SMT. LALREMMAWII and ANR
           D/O LATE ROHMINGLIANA
            R/O ZARKAWT VENG AIZAWL MIZORAM

           2:THE CHIEF ENGINEERASSAM
            CHANDMARI GUWAHATI.

           3:THE SUPERINTENDING ENGINEER
           PWD ROAD CACHAR.

            4:THE EXECUTIVE ENGINEERSILCHAR
            PWD ROAD CACHAR.


For the Applicant(s)        : Ms. R. Bharali, Advocate on behalf of Mr. H. Buragohain,
                            Advocate.
For the Respondent(s)      : ..............................................

- BEFORE -

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

23.10.2024 (Vijay Bishnoi, CJ)

The matter comes upon for consideration of the instant Interlocutory Application filed by the applicant with a prayer to condone the delay of 584 days in preferring the connected Miscellaneous Application for restoring WA No.316/2021.

On last occasion, i.e. on 19.07.2024, the applicant was directed to take Page No.# 3/3

steps for service of notice upon the respondents by registered post with A/D within 3(three) days. However, no steps have been taken till date.

It is to be noticed that WA No.316/2021, which was dismissed for default vide order dated 03.08.2022, was preferred against the judgment and order dated 12.02.2016 passed by the learned Single Judge in WP(C) No.79/2012 and WP(C) No.80/2012 at Aizawl Bench.

From perusal of the order dated 12.02.2016, it appears that the aforesaid writ petitions, WP(C) No.79/2012 and WP(C) No.80/2012 were allowed by the learned Single Judge while exercising jurisdiction under Article 227 of the Constitution of India.

Prima-facie, we are of the view that a writ appeal against the order passed by the learned Single Judge while exercising jurisdiction under Article 227 of the Constitution of India is not maintainable.

However, the learned counsel appearing for the applicant prays for some time to satisfy this Court regarding the maintainability of the writ appeal which is sought to be revived.

Time prayed for is granted.

List after 4(four) weeks.

            JUDGE                                         CHIEF JUSTICE




Comparing Assistant