Marto Kamgo v. The State of Ap and 23 Ors

Page No.# 1/7 GAHC040014712024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/204/2024 Marto Kamgo Son of Late Kimar Kamgo, permanent resident of Kamki village, PO and PS Kamba, West Siang District, Arunachal Pradesh.

VERSUS The State of AP and 23 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar 791111 2:The Commissioiner/ Secretary Age: 0 Department of Power Govt of Arunachal Pradesh Itanagar. 3:The Chairman Age: 0 Departmental Promotion Committee dated 10.06.2022 4:The Chief Engineer Age: 0 Department of Power Govt of Arunachal Pradesh Itanagar. 5:Nima Tsering Age: 0 Son of Late Towla Monpa presently posted Assistant Engineer(E) Miao Electrical Division Miao Page No.# 2/7 Changlang District 6:Hage Nengka Age: 34 Son of Hage Obin presently posted Assistant Electrical Inspector Ziro Lower Subansiri District 7:Purik Buchi Age: 34 Son of Jumpu Buchi presently posted Assistant Engineer (E) SLDC Sub Division Itanagar Papumpare District 8:Moli Kamki Age: 36 Son of Remo Kamki presently posted Assistant Engineer (E) Grid Station Sub Division Itanagar Papumpare District 9:Deken Boje Age: 42 Son of Lukde Boje presently posted Assistant Engineer (E) Khonsa Electrical Sub Division Khonsa Tirap District 10:Yumnya Yongam Age: 35 Son of Late Minyum Yomgam presently posted Assistant Engineer (E) Grid Station Sub Division Deomali Tirap District Page No.# 3/7 11:Nabum Gamin Age: 45 Son of Nabum Saha presently posted Assistant Engineer (E) Doimukh Electrical Sub Division Doimukh Papumpare District Arunachal 12:Gyati Nobin Age: 33 Son of Gyati Tada presently posted Assistant Engineer (E) Kanubari Electrical Sub Division Kanubari Longding District 13:Miss Jumyir Lollen Age: 0 Daughter of Tojum Lollen presently posted Assistant Engineer (E) Mechuka Electrical Sub Division Shi Yomi District 14:Miss Minpi Tasar Age: 0 Daughter of Late Pemin Gadi presently posted Assistant Engineer (E) Roing Electrical Sub Division Roing Lower Dibang Valley District 15:Neelam Raba Age: 0 Son of Neelam Takhi presently posted Assistant Engineer (E) Yazali Electrical Sub Division Yazali Lower Subansiri District 16:Motel Basar Age: 38 Son of Late Emo Basar Page No.# 4/7 presently posted Assistant Engineer (E) Deomali Electrical Sub Division Deomali Tirap District 17:Kajen Tamin Age: 40 Son of Late Pakko Debom presently posted Assistant Engineer (E) Daporijo Electrical Sub Division Daporijo Upper Subansiri District 18:Todar Basar Age: 37 Son of Late Dakto Basar presently posted Assistant Engineer (E) Jairampur Electrical Sub Division Jairampur Changlang District 19:Duyu Richo Age: 36 Son of Duyu Gyute presently posted Assistant Engineer (E) Grid Station Sub Division Daporijo Upper Subansiri District 20:Oyi Nasi Age: 33 Son of Maglom Nasi presently posted Assistant Engineer (E) Dumprijo Electrical Sub Division Upper Subansiri District 21:Hage Habung Age: 34 Son of Hage Hailyang presently posted Assistant Engineer (E) Grid Station Sub Division Khuppi West Kameng District Page No.# 5/7 22:Nyanu Doji Age: 34 Son of Karnya Doji presently posted Assistant Engineer (E) Changlang Electrical Sub Division Changlang District 23:Kipa Kame Age: 41 Son of Kipa Nikio presently posted Assistant Engineer (E) Grid Station Sub Division Pasighat East Siang District 24:Doge Ete Age: 38 Son of Nyado Ete presently posted Assistant Engineer (E) Nacho Electrical Sub Division Upper Subansiri District Arunachal Prades Advocate for the Petitioner : Idak Bam, Advocate for the Respondent : GA (AP), SC(Power),Lissing Perme

:::BEFORE::: HON'BLE MRS. JUSTICE MITALI THAKURIA HON'BLE MR. JUSTICE BUDI HABUNG

06.11.2024 (M. Thakuria, J)

Heard Mr. R. Saikia, learned counsel for the applicant. Also heard Mr. L. Perme, learned counsel for respondent Nos. 2 & 4; Mr. Y. Riram, learned Junior Govt. Advocate for respondent Nos. 1 & 3; and Mr. D. Page No.# 6/7 Panging, learned counsel for private respondent Nos. 5 to 24. This is an application under Section 5 of the Limitation Act for condoning the delay of 31 days in preferring the connected writ appeal against the impugned judgment and order dated 31.08.2024 passed in WP (C) 149 (AP) 2023. It is submitted by Mr. R. Saikia, learned counsel for the applicant that the due to eye ailment of the applicant, he could not file the appeal within the stipulated time period as he was advised by the attending Doctor to take bed rest. The grounds for delay in filing the connected appeal has been explained in paragraph No. 2 of the condonation application. Inter-alia stating therein that the applicant was suffering from eye ailments and he was undergoing medical treatment at Sankardeva Nethralaya at Guwahati, Assam. On perusal of the ground stated in the above paragraph No. 2 of the condonation application, I am fully satisfied that the applicant has been able to show a sufficient cause for not preferring the connected appeal within the stipulated time period. Further, the learned counsel for the respondents have also fairly submitted that the ground stated by the applicant is a good ground for condonation of delay. For the ends of justice and fair trial, the learned counsel for the respondents have no objection, if the delay of 31 days in filing the connected appeal is condoned. In view of the above, the delay of 31 days in filing the connected appeal is hereby condoned. Page No.# 7/7 With the above observation, the interlocutory application stands allowed and disposed of. Registry to list the connected writ appeal on 11.11.2024.

JUDGE JUDGE talom Comparing Assistant