Pradeep Gupta v. The State of Assam and 3 Ors

ORDER

02.12.2024 Heard Mr. D. Kakoti, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Government Advocate for the State. This misc. case has been filed seeking restoration of the writ petition being W.P(C) No. 5817/2023 which came to be dismissed for non prosecution vide order dated 07/08/2024. The learned counsel for the petitioner has stated that the counsels were unable to attend to the matter as the petitioner was out of station due to a family emergency, and his colleague was suffering from medical issues. As a result, the matter went unattended and was dismissed on 07.08.2024. The petitioner was not represented on two dates, therefore the matter came to be dismissed. The learned Government Advocate does not object to the prayer made. Having heard learned counsel for the parties and upon perusal of the grounds urged in the misc. case, this Court is of the view that the order dated

07.08.2024 passed in W.P.(C) No. 5817/2023 dismissing the writ petition can be recalled. The order dated 07.08.2024 is therefore recalled. Therefore, the writ Page No.# 3/3 petition is restored to the file, however subject to payment of cost of Rs. 2000/- to be paid to Gauhati High Court Legal Services Committee. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010166212024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/56/2024o PRADEEPoGUPTAo S/O-oLATEoRAMoKUMARoGUPTA,oR/O-oDR.oR.P.oROAD,oDISPUR,oGUWAHATI-o 781006,oDISTRICT-oKAMRUPo(M),oASSAM,oPH. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENTo DEPARTMENT,oDISPUR,oGUWAHATI-o781006 2:THEoDEPUTYoCOMMISSIONER oKAMRUPo(METRO)oDISTRICT oOFFICEoOFoTHEoDEPUTYoCOMMISSIONER oLICHUBAGAN oHENGRABARI oGUWAHATI-o781036 oASSAM 3:THEoADDITIONALoDEPUTYoCOMMISSIONER oOFFICEoOFoTHEoDEPUTYoCOMMISSIONER oKAMRUPo(METRO) o(BAKIJAIoBRANCH) oLICHUBAGAN oHENGRABARI oGUWAHATI-o781036 oASSAM 4:THEoBAKIJAIoOFFICER oKAMRUPo(METRO)oDISTRICT oOFFICEoOFoTHEoDEPUTYoCOMMISSIONER oKAMRUPo(METRO) Page No.# 2/3 LICHUBAGAN HENGRABARI GUWAHATI- 781036 ASSA Advocate for the Petitioner : MS P GUPTA, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA