The Union of India and 3 Ors v. Monai Khaklary,

ORDER Date : 22/01/2024

Heard Ms. B. Sarma, learned CGC, appearing for the applicants. Also heard Mr. M. Dutta, learned counsel appearing for the opposite party/writ petitioner. This IA has been filed with a prayer to extend the time frame provided in the order dated 24/07/2023 passed by this Court in WP(C) 1891/2022, for a further period of 3 (three) months from the date of filing of the application. Ms. Sarma submits that the departmental authorities are in the process of complying with the Court's order but due to certain procedural reasons, further three months time would be required for complying with the Court's order. Hence, this application. Mr. M. Dutta, learned counsel for the opposite party submits that he has no instructions in the matter and therefore, would not make any submission before the Court today. In view of the above and considering the facts and circumstances of the case, I am of the view that the prayer made by the applicants is reasonable and, therefore, stands allowed. The time period for complying with the order dated 24/07/2023 stands extended for a further period of 3 (three) months with effect from 29/11/2023 i.e. the date of filing the application. It is made clear that no further prayer for extension of time will be entertained by this Court in the matter. IA stands disposed of.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010008042024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/135/2024o THEoUNIONoOFoINDIAoANDo3oORSo REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oSASTRIoBHAWAN,oNEWoDELHI-o110001. 2:oBORDERoSECURITYoFORCE oREP.oBYoTHEoDIRECTORoGENERAL oBLOCKoNO.o10 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-03 3:oTHEoCOMMANDANT oBORDERoSECURITYoFORCE oHEADQUARTERSo163oBNoBSF oPANTHACHOWK oJAMMUoANDoKASHMIR oPIN-191101 4:oTHEoDEPUTYoCOMMANDANT oBORDERoSECURITYoFORCE oHEADQUARTERSo163oBNoBSF oPANTHACHOWK oJAMMUoANDoKASHMIR oPIN-19110o VERSUSo MONAIoKHAKLARY,o S/O-oLATEoMOLINoCH.oKHAKLARYo@oMALINoKHAKLARYoR/O-oPABHAJANo HAZARIoGAON,P.O-BARPATHAR,oDIST-oGOLAGHAT,oASSAM,oPIN-785602 AdvocateoforotheoPetitionerooooo:oMS.oBoSARMAo Page No.# 2/3 Advocate for the Respondent : MR. M DUTTA Linked Case : WP(C)/1891/2022 MONAI KHAKLARY S/O- LATE MOLIN CH. KHAKLARY @ MALIN KHAKLARY R/O- PABHAJAN HAZARI GAON P.O-BARPATHAR DIST- GOLAGHAT ASSAM PIN-785602 VERSUS THE UNION OF INDIA AND 3 ORS REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SASTRI BHAWAN NEW DELHI- 110001. 2:BORDER SECURITY FORCE REP. BY THE DIRECTOR GENERAL BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI-03 3:THE COMMANDANT BORDER SECURITY FORCE HEADQUARTERS 163 BN BSF PANTHACHOWK JAMMU AND KASHMIR PIN-191101 4:THE DEPUTY COMMANDANT BORDER SECURITY FORCE HEADQUARTERS 163 BN BSF PANTHACHOWK JAMMU AND KASHMIR PIN-191101 ------------ Advocate for : MR. M DUTTA Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM