Sk Sahidur Rahman @ Sahidur Rahman v. The State of Assam and 2 Ors

ORDER Date : 17.09.2024 Heard Mr. F. Z. Mazumder, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Government Advocate for the State respondents. This is an application under Order XXI Rule 106 of CPC for restoration of WP(C) No. 3457/2022 which was dismissed for default vide order dated 11.09.2024. The facts of the case is that when the matter was posted for admission hearing on 11.09.2024, since the engaged counsel was not present when the matter was called, this Court upon observing that the counsel was also absent on the last date when the matter was called, dismissed the matter for default by order dated 11.09.2024. Mr. F. Z. Mazumder, learned counsel for the petitioner submits that because of heavy shower around 10.30 A.M on 11.09.2024, he could not attend the Court on time and by the time he reached, the matter was already dismissed and accordingly seeks restoration of the matter. Mr. D. Borah, learned Government Advocate, Assam submits that he has received no instruction to object to the said prayer. Heard both the parties. It appears that the petitioner's counsel due to the heavy Page No.# 3/3 shower on 11.09.2024 could not reach the Court when the matter was called which the matter was dismissed for non-prosecution. The aforesaid reason appears to be sufficient for restoration. Accordingly WP(C) No. 3457/2022 is restored to its original position as it was on 11.09.2024 subject to the condition that the petitioner shall deposit the amount of Rs. 5000/- to Gauhati High Court (Principal Seat) Employees Association. Allowed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010191952024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/66/2024o SKoSAHIDURoRAHMANo@oSAHIDURoRAHMANo SONoOFoSK.oABDULoMANNA,oR/O-oVILL-oBAKRIHAWARoPART-VIII,oP.S.-o ALGAPUR,oDIST-oHAILAKANDI,oASSAM,oPIN-o788101. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oHOMEoDEPARTMENT,oDISPUR,oGUWAHATI-o 781006. 2:STATEoLEVELoPOLICEoRECRUITMENToBOARD oASSAM oREPRESENTEDoBYoITSoCHAIRMAN oMADHABoDEVPUR oREHABARI oGUWAHATI-o781008 oGROUNDoFLOORoOFoAPHCoBUILDING. 3:SUPERINTENDENToOFoPOLICE oHAILAKANDI oPIN-o78815o AdvocateoforotheoPetitionerooooo:oMRoFoZoMAZUMDER,o AdvocateoforotheoRespondento:oGA,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI