Page No.# 1/3 vs The State Of Assam And 4 Ors
2025 Latest Caselaw 2173 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 4 Ors on 22 January, 2025

Author: M.R.Pathak

Bench: Manash Ranjan Pathak

                                                                    Page No.# 1/3

GAHC010268972024




                                                              2025:GAU-AS:735-
DB

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

                           Case No. : I.A.(Civil)/4006/2024
                                              in
                                 Writ Appeal No. 15238/2024
                                       (Filing Number)

           RUP KUMAR DAS
           S/O LATE RUKHINI KANTA DAS,
           A RESIDENT OF SEWA SARANI, SHANTIPARA, RONGPUR, PO RONGPUR,
           DIST CACHAR, ASSAM 788009

           VERSUS

           THE STATE OF ASSAM AND 4 ORS
           REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
           HOME AND POLITICAL DEPARTMENT, DISPUR GUWAHATI 781006

           2:THE DIRECTOR GENERAL OF POLICE

           ASSAM
           REHABARI
           GUWAHATI 781008

           3:THE DEPUTY INSPECTOR GENERAL OF POLICE (SR) ASSAM
            SILCHAR
            DIST CACHAR
           ASSAM 788001

           4:THE SUPERINTENDENT OF POLICE

           CACHAR
           DIST CACHAR
           ASSAM 788001

           5:THE ADDITIONAL SUPERINTENDENT OF POLICE (CRIME) CUM
           ENQUIRY OFFICER
                                                                             Page No.# 2/3


             DIST CACHAR
             ASSAM 78800

Advocate for the Petitioner   : MR. S D PURKAYASTHA, MS S.S.BORA,MR S CHOUDHURY

Advocate for the Respondent : GA, ASSAM,




                                        BEFORE
           HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
          HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

22-01-2025 (M.R.Pathak, J)

Heard Mr. S. D. Purkayastha, learned counsel for the applicant/appellant and Mr. H. K. Hazarika, learned Government Advocate, Assam for all the opposite party Nos. 1 to 5.

2. The applicant as a petitioner preferred a writ petition, being WP(C) No. 6229/2023 and by common judgment and order dated 19.09.2024, passed in WP(C) No. 6185/2023 and in two other connected cases, including WP(C) No. 6229/2023 preferred by the present applicant as petitioner was dismissed.

3. The petitioner against the said common judgment and order dated 19.09.2024 preferred the connected writ appeal, that was filed on 12.12.2024 with a delay of 53 days. Hence, this application by the applicant/appellant/writ petitioner of said WP(C) No. 6229/2023 for condonation of delay of 53 days in preferring the said appeal.

4. The applicant at paragraph-4 of this application has stated the reasons for the delay in preferring the connected writ appeal.

5. Mr. H. K. Hazarika, learned Government Advocate, Assam, on instruction submitted that the opposite parties do not have any objection in condoning the delay Page No.# 3/3

of 53 days in preferring the connected appeal.

6. On perusal of the statement made by the applicant in paragraph-4 of this application, we found that the applicant could show sufficient reasons for the delay in preferring the connected writ appeal against the common judgment and order dated 19.09.2024, passed in WP(C) No. 6185/2023 and two other connected cases, including WP(C) No. 6229/2023 preferred by the present applicant as petitioner.

7. Accordingly, the delay of 53 days in preferring the connected Writ Appeal is hereby condoned.

8. This Interlocutory Application stands allowed to the extent above.

9. Registry shall register and number the connected Writ Appeal and thereafter, shall list the matter for admission.

                                JUDGE                                   JUDGE




Comparing Assistant