Sri Sabarat Ali @ Sheikh v. The Union of India and 3 Ors

ORDER

13.09.2024 Heard Mr. A. K. Hannan, learned counsel for the applicant. Ms. A. Gayan, learned CGC is present on behalf of the OPs. This I.A. has been filed under Section 5 of the Limitation Act, 1963 with a prayer to condone the delay of 2929 days in preferring the connected application for restoration of WP(C) No.2826/2007 which was dismissed for default by the order dated 23.01.2014 passed by this Court. It appears that by filing the writ petition the petitioner had challenged the order of dismissal from service issued on 18.06.2006 terminating the service of the writ petitioner as BSF Constable. More than 18 years have elapsed since the termination of service of the petitioner. Be that as it may, after going through the statements made in the I.A., this Court finds that there is no satisfactory explanation regarding the delay of 2929 days in preferring the connected application for restoration. The learned counsel for the applicant also could not convince this Court by urging any relevant ground, addressing the Court as to why, the I.A. should be allowed by condoning the delay. In view of the above, this Court is of the opinion that there is no good ground for this Court to condone the delay of 2929 days in filing the restoration petition. This I.A. is accordingly dismissed. Consequently, the MC No.20/2024 shall also stand disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010044532024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/739/2024o SRIoSABARAToALIo@oSHEIKHo S/OoSRIoSRHABoALI,oR/OoVILL-oSURIYAKHATAoPART-II,oP.O.oBILASIPARA,o DIST.oDHUBRI,oASSAM. VERSUSo THEoUNIONoOFoINDIAoando3oORSo REP.oBYoSECRETARYoMINISTRYoOFoDEFENCE,oNEWoDELHI. 2:DIRECTORoGENERALoBORDERoSECURITYoFORCE oR.K.oPURAM oNEWoDELHI. 3:THEoINSPECTORoGENERAL oFRONTIERoHEADQUARTERoBORDERoSECURITYoFORCE oNORTHoBANGAL. 4:COMMANDENTo41oBN.oBSF oCOOCHoBIHARoW.oBENGALo AdvocateoforotheoPetitionerooooo:oMRoMoJoQUADIR,oMRoSoSoISLAM,MR.oAoKoHANNAN,MSoSo AHMEDo AdvocateoforotheoRespondento:oDY.S.G.I.,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoSUMANoSHYAM Page No.# 2/2