Page No.# 1/3 vs No 119880627 Constable Gd Deben Sinha
2026 Latest Caselaw 12 Gua

Gauhati High Court

Page No.# 1/3 vs No 119880627 Constable Gd Deben Sinha on 5 January, 2026

                                                                         Page No.# 1/3

GAHC010258342025




                                                                   2026:GAU-AS:36-
DB

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

                                Case No. : I.A.(Civil)/4161/2025

            THE UNION OF INDIA AND 3 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
            MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI 110001

            2: THE DIRECTOR GENERAL OF JAMMU FRONTIER BSF
             PALOURA CAMPUS
             JAMMU JK PIN 181124

            3: THE COMMANDANT 98 BN BSF
             BSF THQ PALOURA BSF CAMP
             JAMMU JK PIN 181124

            4: THE CHIEF LAW OFFICER
             LAW BRANCH FHQ BSF
             NEW DELHI 11000

            VERSUS

            NO 119880627 CONSTABLE GD DEBEN SINHA
            C COY 98 BN BSF, SO DINENDRA NARAYAN SINHA, RO ALGAPUR, PO
            RAJNAGAR,DIST CACHAR,PS SILCHAR, ASSAM, PIN 788026



Advocate for the Petitioner   : MR. K K PARASAR, DY.S.G.I.

Advocate for the Respondent : MR M J QUADIR, FOR CAVEATOR,MR. A K HANNAN
                                                                           Page No.# 2/3


                                          BEFORE
            HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

05-01-2026 (Arun Dev Choudhury, J)

1. Heard Mr. K. K. Parasar, learned Central Government Counsel, for the applicants and Mr. M. J. Quadir, learned counsel for the sole opposite party/respondent.

2. The present Interlocutory Application has been filed by the applicants/appellants seeking condonation of the delay of 85 days in preferring the connected appeal against the judgment and order dated 22.07.2025 passed by the learned Single Judge in WP(C) No. 5947/2021.

3. The grounds of delay are explained in paragraph Nos. 3 & 4 of the instant application.

4. Mr. M. J. Quadir, learned counsel for the sole opposite party/respondent, has vehemently opposed the application on the ground that the delay is not adequately explained and the reasons cited in the application are vague and not sufficient.

5. Having considered the explanations tendered by the applicants, we are 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 applicants/appellants. In the Page No.# 3/3

absence of gross latches or mala fide intention attributable to the applicants, this Court would lean in favour of the adjudication on merits.

6. In the given facts of the present case, the explanation furnished inspires confidence, and no prejudice is demonstrated to have been caused to the respondents by such delay.

7. Accordingly, in the interest of justice and having satisfied that the causes shown are sufficient to condone the delay of 85 days, we deem it appropriate to condone the delay. Ordered accordingly.

8. Registry to register the connected Writ Appeal and list the same on 27.02.2026, if there is no defect in filing the same.

                        JUDGE                           CHIEF JUSTICE




Comparing Assistant