Smt. Arpana Devi v. The State of Assam and 4 Ors

ORDER Date : 31/07/2023

Heard Mr. D. Borah, learned counsel appearing for the petitioner. This application has been filed seeking restoration of WP(C) No. 3227/2017, which was dismissed on 02.02.2022.

¶2The learned counsel for the petitioner submits that during the relevant point in time the entire country was reeling under the third wave of COVID-19, as a consequence thereof Courts were functioning through virtual mode.

¶3Mr. D. Borah, learned counsel for the petitioner had to proceed to Jorhat for personal work and thereafter he proceeded to Tinsukia, where he suffered from viral fever. In that view of the matter, the learned counsel was not aware that the matter was listed and also in the area in his native place there was hardly any internet connection and therefore it was not possible for him to pursue the matter which were being taken up through virtual mode, in right earnest.

¶4In that view of the matter the learned counsel for the petitioner submits that the order dated 02.02.2022 dismissing the writ petition being WP(C)/3227/2017 be recalled and the writ petition be restored to file.

¶5Mr. R. Dhar, learned Additional Senior Government Advocate appearing for the State does not object to the submissions made by the petitioner.

¶6Accordingly, having heard the learned counsel for the petitioner and upon due perusal of the grounds urged, this Court is of the view that the grounds Page No.# 5/5 which are urged in the Interlocutory Application showing cause for non appearance can be accepted to be sufficient grounds to recall the order dated

02.02.2022 passed in WP(C)/3227/2017.

¶6Accordingly, the Interlocutory Application stands allowed recalling the order dated 02.02.2022 passed in WP(C)/3227/2017. The writ petition is accordingly restore to file. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010092162022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1455/2022o SMT.oARPANAoDEVIo W/O.oSRIoKANAKoSHARMA,oR/O.oVILL.oMALIGAONoCHARIALI,oNEARo NARAYANoSANGEEToVIDYALAYA,oPANDUoROAD,oP.SoJALUKBARI,o GUWAHATI-12,oDIST.oKAMRUPM,oASSAM. VERSUSo THEoSTATEoOFoASSAMoando4oORS.o REP.oBYoTHEoSECRETARYoHANDLOOMoandoTEXTILEoANDoSERICULTUREo DEPTT.,oGOVT.oOFoASSAM,oDISPUR,oGUWAHATI-6,oDIST.oKAMRUPM,o 2:THEoDIRECTOR oHANDLOOMoandoTEXTILE oASSAM oGUWAHATI-1 oDIST.oKAMRUPM oASSAM. 3:THEoMANAGINGoDIRECTOR oARTFED oAMBARI oGNBoROAD oGUWAHATI-781001 oDIST.oKAMRUPM oASSAM. 4:THEoDY.oGENERALoMANAGERoPandMoandoFandA oARTFED Page No.# 2/5 GNB ROAD AMBARI GUWAHATI-1 DIST. KAMRUPM 5:BOARD OF SECONDARY EDUCATION SEBA ASSAM BAMUNIMAIDAM GUWAHATI-21 REP. BY ITS CHAIRMAN BOARD OF OF SECONDARY EDUCATION ASSAM P.O. BAMUNIMAIDAM GUWAHATI-21 DIST. KAMRUPM ASSAM Advocate for the Petitioner : MR. D BORAH Advocate for the Respondent : SC, HANDLOOM AND TEXTILE Linked Case : WP(C)/3227/2017 SMT. ARPANA DEVI W/O. SRI KANAK SHARMA R/O. VILL. MALIGAON CHARIALI NEAR NARAYAN SANGEET VIDYALAYA PANDU ROAD P.S JALUKBARI GUWAHATI-12 DIST. KAMRUPM VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY THE SECRETARY HANDLOOM and TEXTILE AND SERICULTURE DEPTT. GOVT. OF ASSAM DISPUR Page No.# 3/5 GUWAHATI-6 DIST. KAMRUPM 2:THE DIRECTOR HANDLOOM and TEXTILE ASSAM GUWAHATI-1 DIST. KAMRUPM 3:THE MANAGING DIRECTOR ARTFED AMBARI GNB ROAD GUWAHATI-781001 DIST. KAMRUPM 4:THE DY. GENERAL MANAGER PandM and FandA ARTFED GNB ROAD AMBARI GUWAHATI-1 DIST. KAMRUPM 5:BOARD OF SECONDARY EDUCATION SEBA ASSAM BAMUNIMAIDAM GUWAHATI-21 REP. BY ITS CHAIRMAN BOARD OF OF SECONDARY EDUCATION ASSAM P.O. BAMUNIMAIDAM GUWAHATI-21 DIST. KAMRUPM ------------ Advocate for : MRS.H SARMAH Advocate for : MR.T C CHUTIASC SEBA appearing for THE STATE OF ASSAM and 4 ORS. Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA