The Appsc v. Hibu Tapa and Anr

Page No.# 1/2 GAHC040010222024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/128/2024 The APPSC represented by the Secretary, Itanagar, Arunachal Pradesh 791111 VERSUS Hibu Tapa and Anr Son of Late Hibu Tajang, permanent resident of Hong Village, PO and PS Lower Subansiri District, Arunachal Pradesh 791120 2:Hibu Hasang Age: 0 Occupation : Son of Shri Hibu Lasa permanent resident of Hong Village PO and PS Lower Subansiri District Arunachal Pradesh 79112 Advocate for the Petitioner : Nani Anju, Advocate for the Respondent : Hage Lampu, D Doley,Joram Sanjay,Khyoda Moses,Gyati Tadi

:::BEFORE:::

HON'BLE MR. JUSTICE KALYAN RAI SURANA

HON'BLE MR. JUSTICE KARDAK ETE

25.09.2024 (K. R. Surana, J)

Heard Ms. N. Anju, learned counsel for the applicant as well as Mr. H. Lampu, learned counsel for the opposite parties.

¶2By filing this application under Section 5 of the Limitation Act, 1963, the applicant has prayed for condoning the delay of 31 days beyond the Page No.# 2/2 period of limitation in filing the connected appeal against the impugned judgment and order dated 11.06.2024 passed by the learned Single Judge in WP (C) 376 (AP) 2024.

¶3The learned counsel for the applicant has submitted that some time was consumed by the applicant in taking appropriate decision and they were also engaged in performing official duty like conducting of interview at Guwahati for which there was an inadvertent delay of 31 days in filing the connected appeal.

¶4Although, the learned counsel for the opposite parties has objected to the prayer made by the applicant but considering the explanation given, the Court is inclined to accept the same to be a sufficient case which has prevented the applicant from filing the connected appeal on time.

¶5Accordingly, the delay of 31 days beyond the period of limitation in filing the connected appeal is condoned.

¶6This I.A. stands allowed.

¶7Registry shall list the connected appeal in the admission column.

JUDGE JUDGE

Comparing Assistant