Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Ors on 13 February, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana, Malasri Nandi
Page No.# 1/5
GAHC010266982024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3999/2024
BIJOY BARLA AND 4 ORS
ASSISTANT EXECUTIVE ENGINEER, POLLUTION CONTROL BOARD
ASSAM, BY LANE NO. 2 NABAPUR, MAZGAON, TEZPUR SONITPUR PIN-
784001 DIST. SONITPUR, ASSAM
2: GAUTAM NANDI
ASSISTANT EXECUTIVE ENGINEER
POLLUTION CONTROL BOARD ASSAM
HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M
ASSAM
3: JAYANTA KUMAR DUTTA
ASSISTANT EXECUTIVE ENGINEER
REGIONAL OFFICE
POLLUTION CONTROL BOARD ASSAM
REGIONAL LABORATORY CUM OFFICE
MELACHOKOR
SIVASAGAR
ASSAM 78640
4: UJJAL KUMAR SARMA
ASSISTANT EXECUTIVE ENGINEER
POLLUTION CONTROL BOARD ASSAM
HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M
ASSAM
5: NAGEN CHANDRA BORO
ASSISTANT EXECUTIVE ENGINEER
HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M
ASSA
VERSUS
THE STATE OF ASSAM AND ORS
Page No.# 2/5
REP. BY THE PRINCIPAL SEC. TO THE GOVT. OF ASSAM, ENVIRONMENT
AND FOREST DEPTT. DISPUR-781006
2:THE SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPTT. DISPUR GUWAHATI-6
3:THE POLLUTION CONTROL BOARD
REP. BY ITS CHAIRMAN BAMUNIMAIDAM
GUWAHATI-781021
4:THE CHAIRMAN
POLLUTION CONTROL BOARD
BAMUNIMAIDAM
GUWAHATI-781021
5:THE MEMBER SECRETARY
POLLUTION CONTROL BOARD
BAMUNIMAIDAM
GUWAHATI-781021
6:THE ASSISTANT PUBLIC INFORMATION OFFICER AND EXECUTIVE
ENGINEER
POLLUTION CONTROL BOARD
HEAD OFFICE BAMUNIMAIDAM
GUWAHATI-781021
7:JAGAT DEKA
S/O LT. HARICHARAN DEKA
R/O VILL. BELSOR P.O. BELSOR
P.S BELSOR CHUPA PATOWARY PARA
DIST. NALBARI
PIN-781304
WWORKING AS ASSISTANT EXECUTIVE ENGINEER
REGIONAL OFFICE
POLLUTION CONTROL BOARD ASSAM
HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M
ASSAM
8:DIPRAJ ARDAO
ASSISTANT EXECUTIVE ENGINEER
POLLUTION CONTROL BOARD ASSAM
HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M
ASSA
Advocate for the Petitioner : MR. S K DAS, MR A I TALUKDAR,MR. K N CHOUDHURY
Advocate for the Respondent : SC, FOREST, SC, PCB
Page No.# 3/5
Linked Case :
BIJOY BARLA AND 4 ORS
VERSUS
THE STATE OF ASSAM AND 7 ORS
------------
Advocate for : MR. S K DAS
Advocate for : appearing for THE STATE OF ASSAM AND 7 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
13.02.2025
(K.R. Surana, J)
Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. S. K.
Das, learned counsel for the applicants. Also heard Mr. R.R. Gogoi, learned
Standing Counsel for the Forest Department representing respondents Nos. 1
and 2 and Mr. S. Baruah, learned Standing Counsel for the PCB, Assam
representing respondent Nos. 3, 4, 5 and 6.
2. The learned Senior Counsel for the applicants has submitted that notice on
respondents Nos. 7 and 8 has been served by way of Dasti service filed by the
Page No.# 4/5
applicant on 06.02.2025. Accordingly, notice on the said respondent Nos. 7 and
8 is accepted to be duly served.
3. None appears on call for the said respondents.
4. By filing this interlocutory application, the applicants have prayed for
condoning the delay of 672 days beyond the period of limitation in filing the
connected appeal.
5. It is submitted by the learned Senior Counsel for the applicants that
aggrieved by the judgment and order dated 15.12.2022, passed by the learned
Single Judge in WP(C) No. 630/2021, a writ appeal was preferred, which was
registered and numbered as WA No. 12/2023 wherein, pursuant to orders
passed by this Court, the operation of the said impugned order dated
15.12.2022 was stayed.
6. It is submitted that in course of hearing of WA No.12/2023, having noticed
that the said appeal was preferred by the promotes who were upgraded to the
post of Assistant Executive Engineer by an order dated 09.12.2019, jointly with
another group consisting of persons who were also promoted to the same post,
however, in a different exercise.
7. Accordingly, the present applicants, by taking leave of this Court vide order
dated 24.10.2024, passed in I.A.(Civil) No. 2968/2024, withdrew themselves
from the said appeal with leave to file a separate appeal. On such leave being
granted, the present appeal has been preferred.
8. The learned Standing Counsel for the Forest Department as well as for the
State Pollution Control Board does not object to the prayer made in this
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interlocutory application.
9. Accordingly this interlocutory application stands allowed, as the applicants
have obtained leave of this Court by order dated 24.10.2024, passed in I.A.
(Civil) No. 2968/2024, to prefer an appeal and withdrew from the earlier appeal,
i.e. WA No. 12/2023.
10. Accordingly, the application stands allowed and the delay of 672 days,
beyond the period of limitation in preferring the connected appeal stands
condoned.
11. The Registry shall now register and list the connected appeal in the
admission column.
12. This interlocutory applications stands disposed of.
JUDGE JUDGE
Comparing Assistant
