Abdul Kader v. The State of Assam and 3 Ors

Page No.# 1/2 GAHC010149192024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2212/2024 In WA No.7255/2024 (Filing Number) ABDUL KADER S/O. LT. D. ALI, R/O. HOUSE NO. 14, SIJUBARI ROAD, NEAR SBI, P.S. HATIGAON, GUWAHATI-38, DIST. KAMRUP M, ASSAM. VERSUS

1.THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. and SPL. SECY. TO THE GOVT. OF ASSAM, PUBLIC WORKS ROADS DEPTT., DISPUR, GHY.-06. 2:THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS ROADS DEPTT. DISPUR GHY.-06. 3:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY.-06. 4:THE CHIEF ENGINEER PUBLIC WORKS ROADS DEPTT. CHANDMARI GHY.-03 For the Applicant : Mr. B.M. Deka, Advocate. For the Respondent(s) : Mr. D. Nath, Senior Government Advocate, Assam. – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

31.07.2024 (Vijay Bishnoi, CJ)

This Interlocutory Application is filed on behalf of the applicant under Page No.# 2/2 Section 5 of the Limitation Act, 1963, with a prayer to condone the delay of 416 days occasioned in filing the connected writ appeal. The applicant has explained the reasons for the delay in filing the connected writ appeal in para Nos.2, 3 and 4 of the Interlocutory Application. Mr. D. Nath, learned Senior Government Advocate, Assam appearing for the respondents has opposed the application for condonation of delay. Having heard the learned counsel appearing for the parties and after going through the contents of the Interlocutory Application, we deem it appropriate to condone the delay of 416 days occasioned in filing the connected writ appeal. Hence, the Interlocutory Application is allowed and the delay of 416 days occasioned in filing the connected writ appeal is condoned. The Registry is directed to register the connected writ appeal and list the same for admission before this Court after 3(three) weeks. This Interlocutory Application is, accordingly, disposed of.

JUDGE CHIEF JUSTICE

Comparing Assistant