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2025 DAILYLAW 11907 (GAU)

DR. CHAMPAK MEDHI and 6 ORS v. THE STATE OF ASSAM AND 4 ORS

MC/35/2024 · 2025-05-22

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/2 GAHC010095112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/35/2024 DR. CHAMPAK MEDHI and 6 ORS RESIDENT OF VIL- SOURAGURI P.O. KACHUBARI DIST. BAKSA, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI- 781006. Advocate for the Petitioner : MRP BHARDWAJ, MR P BHARDWAJ,MR. M K CHOUDHURY Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 23.05.2025 Heard Mr. M. Sarma, learned counsel for the petitioners. Also heard Mr. D. Upamanyu, learned Standing Counsel, Health Department appearing for the OP Nos.1, 3, 4 and 5 and Mr. B. Gogoi, learned Addl. Advocate General, Assam appearing for the respondent No.2. This Misc. Case has been filed with a prayer to restore the writ petition by setting Page No.# 2/2 aside the order dated 02.05.2024 passed in WP(C) No.3653/2014 by means of which, the writ petition was dismissed for non-prosecution. I have perused the statements made in the petition explaining the default on the part of the petitioners. The learned counsel for the OPs submits that they do not have any instruction to file objection opposing the prayer made in this Misc. Case. In view of the above and after considering the submissions made at the Bar, this Court is of the opinion that the petitioners have furnished sufficient explanation for their default leading to the issuance of the order dated 02.05.2024. As such, the order dated 02.05.2024 is hereby recalled. The writ petition being WP(C) No.3653/2014 is hereby restored to is original file. Registry to list the writ petition for necessary orders after two weeks. Misc. Case stands disposed of. JUDGE Comparing Assistant