Md. Islam Nawaj Uddin Ahmed, v. The State of Assam and Ors

ORDER Date : 22.01.2024

¶1Both the Interlocutory Applications are taken up for disposal by this common order.

¶2I.A.(Civil) No.580/2022 is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 2482 days in filing the restoration application to WP(C) No.5101/2006 which was dismissed for default on

10.02.2015.

¶3The second application i.e. I.A.(Civil) No.582/2022 is an application seeking restoration of the writ petition i.e. WP(C) No.5101/2006 which was dismissed for default on 10.02.2015.

¶4This Court has perused the materials on record and also the contents of the writ petition. Taking into account the grounds which have been taken that it was Page No.# 3/3 on account of the fault of the counsel which has resulted in non-appearance and consequent dismissal of the writ petition which was also not informed to the Petitioner, this Court is of the opinion that this is a fit case for restoring the writ petition to the file.

¶5This Court however cannot also be unmindful of the fact that there has been a considerable delay in filing the application for which this Court imposes a cost of Rs.10,000/- to be deposited before the Registry of this Court as a condition precedent for the purpose of restoration of the writ petition. The said amount be deposited by 25.01.2024.

¶6Accordingly, both the Interlocutory Applications stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010209412021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/580/2022o ISLAMoNAWAJoUDDINoAHMEDo S/O.oLT.oALHAJoBASHIRoUDDINoAHMED,oR/O.oNAKARI,oWARDoNO.o2,oP.O.oand P.S.oNORTHoLAKHIMPUR,oDIST.oLAKHIMPUR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoSECY.oTOTHEoGOVT.OFoASSAM,oDEPTT.oOFoPLANNINGoANDo DEVELOPMENT,oDISPUR,oGHY-6 2:THEoDEPUTYoCOMMISSIONER oNORTHoLAKHIMPUR oDIST.oLAKHIMPUR 3:THEoNORTHoLAKHIMPURoDEVELOPMENToAUTHORITY oLAKHIMPUR oREP.oBYoTHEoCHAIRMAo oLinkedoCaseo:oI.A.(Civil)/582/2022 MD.oISLAMoNAWAJoUDDINoAHMED S/O.oLT.oALHAJoBASHIRoUDDINoAHMED oR/O.oNAKARI oWARDoNO.o2 oP.O.oandoP.S.oNORTHoLAKHIMPUR DIST.oLAKHIMPUR ASSAM. oVERSUS Page No.# 2/3 THE STATE OF ASSAM AND ORS REP. BY THE SECY. TO THE GOVT.OF ASSAM DEPTT. OF PLANNING AND DEVELOPMENT DISPUR GHY-6 2:THE DEPUTY COMMISSIONER NORTH LAKHIMPUR DIST. LAKHIMPUR 3:THE NORTH LAKHIMPUR DEVELOPMENT AUTHORITY LAKHIMPUR REP. BY THE CHAIRMAN For the Applicant(s) : Mr. M. U. Mahmud, Advocate For the Respondent(s) : Mr. J. Handique, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH