Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 4 Ors on 21 November, 2025
Page No.# 1/6
GAHC010152362025
2025:GAU-
AS:16044-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2484/2025
SAMARENDRA KALITA
S/O LT. KANAK CHANDRA KALITA, R/O SUNDARBARI, P.S. JALUKBARI,
DIST. KAMRUP (M), ASSAM, PIN 781013
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME
(A) DEPTT., DISPUR, GUWAHATI 781006
2:THE CHAIRMAN
THE ASSAM STATE CO OPERATIVE HOUSING FEDERATION LTD.
GUWAHATI 781006
ASSAM.
3:THE MANAGING DIRECTOR
ASSAM STATE CO OPERATIVE HOUSING FEDERATION LTD.
BELTOLA
BASISTHA ROAD
DISPUR
GUWAHATI 781006
ASSAM.
4:THE SECRETARY
ASSAM STATE CO OPERATIVE HOUSING FEDERATION LTD.
GUWAHATI 781006
ASSAM.
5:SMTI SWETA MAZUMDAR CHOUDHURY
Page No.# 2/6
W/O MR. SAMARENDRA CHOUDHURY
R/O HOUSE NO. 2
KALYAN BHAWAN PATH
P.O. SECRETARIAT
P.S. DISPUR
DIST. KAMRUP (M)
ASSAM
PIN 781005
ASSAM
Advocate for the Petitioner : MR. R C SAIKIA, MS. J BURAGOHAIN,MS B.G. BARUAH,MR.
M KALITA
Advocate for the Respondent : GA, ASSAM, MS. K BORUAH(R-5),MS M BORAH (R-5),MR. P
GOHAIN(R-5),MS. M SARMAH(R-5),FOR CAVEATOR,P BARO,N J DAIMARI,MR. G
BORDOLOI
Linked Case : CRP/0/0
SAMARENDRA KALITA
ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
ASSAM
------------
Advocate for : MR MRINAL KALITA
Advocate for : appearing for THE STATE OF ASSAM AND ORS
Page No.# 3/6
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Dated 21.11.2025
(Arun Dev Choudhury, J)
1. We have heard Mr. R. C. Saikia, learned Senior Counsel assisted by Mr.
J. P. Baruah, learned counsel for the applicant. Also heard Mr. G. Bordoloi,
learned Standing Counsel for the HOUSEFED representing the respondent Nos.
2, 3 and 4.
2. This Interlocutory Application has been filed by the applicant
/appellant seeking condonation of the delay of 111 days in preferring an appeal
against the judgment and order dated 06.02.2025 passed by the learned Single
Judge in WP(C) No.2505/2022.
3. The writ petition i.e. WP(C) No.2505/2022, was filed by the opposite
party No. 5 assailing a letter dated 29.02.2020 issued by the Managing Director,
Assam State Cooperative Housing Federation Limited, Assam (in short
HOUSEFED), whereby, the re-allotment of Flat No. C-702 was made in favour of
the applicant. The opposite parties pleaded before the learned Single Judge
that initially, the said Flat was allotted in favour of her predecessor-in-interest.
Therefore, such re-allotment could not have been done.
4. On the other hand, it was the stand of the applicant as well as the
respondent HOUSEFED before the learned Single Judge that though the flat
was allotted in favour of the predecessor in interest of the opposite party, the
predecessor-in-interest, during his lifetime, requested the HOUSEFED to re-allot
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the Flat in favour of the applicant herein; accordingly, such re-allotment was
made.
5. The learned Single Judge, while holding that the Assam Apartments
Act, 2006, shall apply to the facts of the case, and therefore, the transfer by
the predecessor in interest during his lifetime, cannot be said to be valid.
Accordingly, the re-allotment was interfered with, with liberty to the parties to
avail themselves of an appropriate remedy to seek a declaration of title and
ownership before the appropriate forum.
6. Based on such judgment, the re-allotment made in favour of the
applicant was cancelled, and he was asked to vacate the premises.
7. Being aggrieved, a writ petition was filed, which was registered as
WP(C) No. 3090/2025; however, the same was withdrawn on 04.06.2025 to
approach the Division Bench to assail the judgment and order dated
06.02.2025 passed in WP(C) No. 2505/2022.
8. Accordingly, the connected appeal is preferred; however, it is 111
days beyond the prescribed period of limitation.
9. The primary ground for seeking condonation of delay in preferring
the Writ Appeal is that the applicant was suffering from severe lower back pain
from 05.03.2025 to 30.06.2025, and he fell sick while in his native village at
Sipajhar, Darrang district. According to him, he was undergoing treatment at
Sipajhar Civil Hospital and was asked to take complete bed rest. Another
explanation given is that, in the meantime, his mother also passed away on
20.05.2025. In support of the aforesaid contentions, the applicant has also
relied on certain medical documents.
10. The learned counsel for the opposite parties, questions the
explanation on the sufficiency of the ground and the absence of any doctor's
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prescription based on which the certificate was issued. The opposite party
terms the reasons given casual excuses.
11. The length of the delay is indeed a relevant factor to be considered
when deciding an application for condonation of delay. However, when
sufficient causes are shown, the discretion vested in the Courts to condone
delay is to be exercised, though sufficient cause shall not mean a mere
explanation given superficially.
12. In the case in hand, we have found that the applicant has sufficiently
explained the delay. We do not see any negligence, lack of bona fide or inaction
on the part of the applicant.
13. Based on the material available on record, it cannot be said that the
applicant was not diligent or that the delay was intentional.
14. Thus, having considered the explanation tendered by the applicant,
this court is satisfied that the delay occasioned in preferring the connected Writ
Appeal was neither deliberate nor actuated by negligence but resulted from
bona fide circumstances beyond the control of the appellant. In the absence of
gross latches or mala fide intention attributable to the applicant, this court
would lean in favour of the adjudication on merits.
15. In the facts of the present case, the explanation furnished inspires
confidence, and no prejudice is demonstrated to have been caused to the
respondent by such delay.
16. Accordingly, in the interest of justice and having satisfied that the
causes shown are sufficient to condone the delay, we deem it appropriate to
condone the delay. Ordered accordingly.
17. Registry to register the connected Writ Appeal and list the same on
19.01.2026, if there is no defect in filing.
Page No.# 6/6
JUDGE CHIEF JUSTICE
Comparing Assistant
