Smt Baijanti Mala Boro v. The State of Assam and 7 Ors

ORDER Date : 25-09-2024 Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Additional Senior Government Advocate for the State of Assam and Mr. P. Hazarika, learned counsel appearing on behalf of Mr. S.R. Rabha, learned Standing Counsel, BTC.

¶2By way of this application under Section 226 of the Constitution of India, the petitioner is seeking restoration of W.P.(C) no. 1585/2013 which was dismissed by this Court by Order dated 19.01.2024 on account of non-prosecution.

¶3Mr. Mahanta, learned counsel for the petitioner submits that on

19.01.2024, when this matter was last called, the learned counsel for the Page No.# 3/3 petitioner was out of station as he had gone to Kolkata for conducting a case before the Debt Recovery Appellate Tribunal, Kolkata and therefore, this matter went unrepresented for which, the matter was dismissed for non-prosecution and accordingly submits that the aforesaid reasons be accepted and the matter be restored.

¶4Mr. Goswami, learned Additional Senior Government Advocate and Mr. Hazarika, learned counsel appearing for respondent, BTC submits that they have no objection if the said writ petition is restored back.

¶5Heard both the parties.

¶6It appears from the averments made in paragraph 3, 4 & 5 of the application that the learned counsel for the petitioner, being out of station in connection to a case before the Debt Recovery Appellate Tribunal, Kolkata, could not appear before this Court on 19.01.2024 for which the writ petition was dismissed.

¶7The explanation appears to be sufficient and accordingly, this Court directs restoration of W.P.(C) no. 1585/2013 to its original position, subject to the condition that the petitioner shall deposit the amount of Rs. 5000/- to Gauhati High Court (Principal Seat) Employees Association.

¶8The application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010036062024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/12/2024o SMToBAIJANTIoMALAoBOROo W/O-oSRIoHOMESWARoBASUMATARY,oR/OoVILL.-oGARIAoPATHER,oP.O.-o BORCHALA,oDIST.-oUDALGURI,oBTC,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoCOMMISSIONERoandoSECY.oTOoTHEoGOVT.oOFoASSAM,oSOCIAL WELFAREoDEPTT.,oDISPUR,oGHY-o6. 2:THEoDIRECTORoOFoSOCIALoWELFAREoDEPTT. oASSAM oUZANBAZAR oGHY-o1. 3:THEoBODOLANDoTERRITORIALoCOUNCIL oREP.oBYoTHEoPRINCIPALoSECY. oBTC oKOKRAJHAR oASSAM oPIN-o7833870. 4:THEoJOINToSECY. oSOCIALoWELFAREoDEPTT. oBTC oKOKRAJHAR-o7833870. 5:THEoJOINToDIRECTORoandoCHD oSOCIALoWELFAREoDEPTT. oBTC oKOKRAJHAR-o7833870. 6:THEoDIST.oSOCIALoWELFAREoOFFICER oUDALGURI Page No.# 2/3 BTC PIN- 784509. 7:THE CHILD DEVELOPMENT PROJECT OFFICER ICDS PROJECT P.O.- BORCHALA SONITPUR ASSAM. 8:HEMLATA DAIMARI W/O- HEMESWAR BORO R/O VILL.- GARIA PATHAR P.O.- BORCHALA DIST.- SONITPUR ASSAM Advocate for the Petitioner : MR.P MAHANTA, MR. P MAHANTA Advocate for the Respondent : GA, ASSAM, SC, BTADC BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI