Gaurav Upadhyay v. The State of Assam and 7 Ors

ORDER

18.12.2024 (K.R. Surana, J) Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. D. J. Das, learned counsel for the applicant. Also heard Mr. P. Sarmah, learned Additional Senior government advocate appearing for the respondent Nos. 1 and 6; Ms. G. Goswami, learned counsel appearing for the respondent Nos. 2 and 3 appeared by filing caveat and Mr. R. Dhar, learned Standing Counsel for Tribunal Affairs Department for the respondent Nos. 4, 5, 7 and 8.

¶2By filing this interlocutory application, the applicant is seeking condonation of delay of 9 (nine) days beyond the period of limitation in filing the connected appeal.

¶3The learned Additional Senior Government Advocate, learned counsel for the respondent nos. 2 and 3 as well as the learned Standing Counsel for the Page No.# 4/4 Tribunal Affairs Department has opposed the prayer on the ground that day to day delay is not satisfactorily explained.

¶4Considering the explanation given in paragraph-4 of the application, there was some delay in obtaining the certified copies and that the learned counsel for the applicants had consumed some time to go through the matter, the explanation is accepted as good and sufficient cause that has contributed in delay of filing of this connected appeal.

¶5Accordingly, the delay of 9 (nine) days is hereby condoned without issuing notice to the respondents all the respondents are represented.

¶6The Registry shall now register the connected appeal and list the same in the admission column.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010248522024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3606/2024o GAURAVoUPADHYAYo S/OoLATEoSHYAMoSUNDARoUPADHYAY,oRESIDENToOFoGOVT.oQUARTERo NO.oBII,oAToASSAMoPOLICEoHOUSINGoCOMPLEX,oULUBARI,oDISTo KAMRUPMoASSAMo781007 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPURoASSAMo781006 2:DIVYANAoAoLAHAN oREP.oBYoHERoMOTHER/NEXToFRIEND/LEGALoGUARDIANoSMT.oLEENAo DOLEY oPERMANENToR/O-oH.NO.o54 oBELTOLAoCOLLEGEoROAD oBANGAON oBELTOLA oGHY-28 oKAMRUPo(M) oASSAM 3:LEENAoDOLEY oR/O-oH.NO.o54 oBELTOLAoCOLLEGEoROAD oBANGAON oBELTOLA oGHY-28 oKAMRUPo(M) oASSAM Page No.# 2/4 4:THE SECRETARY DEPARTMENT OF TRIBAL AFFAIRS (PLAIN) GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 ASSAM. 5:STATE LEVEL CASTE SCRUTINY COMMITTEE ASSAM REP. BY ITS CHAIRMAN OFFICE OF THE SECRETARY DEPARTMENT OF TRIBAL AFFAIRS (PLAIN) GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 ASSAM. 6:THE DEPUTY COMMISSIONER KAMRUP M GUWAHATI ASSAM 781001 7:VIGILANCE CELL DIRECTORATE OF WPT AND BC DEPTT. GOVT. OF ASSAM RUKMINI GAON GHY PIN- 781006 REP. BY THE SUPERINTENDENT OF POLICE CID ASSAM 8:SUPERINTENDENT OF POLICE CID ASSAM ULUBARI GHY-0 Advocate for the Petitioner : MR. K P PATHAK, MR BHARGAV DAS,MR. K N CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, WPT AND BC,FOR CAVEATOR,G. GOSWAMI,MR J BORAH,MR H K NATH Page No.# 3/4 Linked Case : GAURAV UPADHYAY VERSUS THE STATE OF ASSAM AND 7 ORS ------------ Advocate for : MR. K P PATHAK Advocate for : appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND