POWER GRID CORPORATION OF INDIA LIMITED v. SMTI. PRATIBHA BASUMATARY AND 2 ORS
CRP/100/2025 · 2025-07-29
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15097 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15097 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010141232025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/100/2025 POWER GRID CORPORATION OF INDIA LIMITED REPRESENTED BY ITS CHIEF MANAGER, SHRI MUKUL KUMAR DATTA, S/O (L) MADHU SUDHAN DUTTA, AGED ABOUT 58 YEARS, R/O 75A, MM NIWAS, BYE LANE, KAMDHENU PATH, VIDYAMANDIR PATH, GUWAHATI, DIST- KAMRUP METRO, ASSAM-781028 VERSUS SMTI. PRATIBHA BASUMATARY AND 2 ORS W/O (L) BABU RAM BASUMATARY, R/O ADABARI VILLAGE, MUSHALPUR, BAKSA, ASSAM-781372 2:GOPAL BASUMATARY S/O (L) PAKHI RAM BASUMATARY R/O ADALBARI VILLAGE MUSHALPUR BAKSA ASSAM-781372 3:THE DISTRICT COMMISSIONER BAKSA P.O.- MUSHALPUR BTAD ASSAM-78134 Advocate for the Petitioner : N KHERA, Advocate for the Respondent : GA, ASSAM,
Page No.# 2/2
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 30.07.2025
Heard Mr. N Khera, learned counsel for the petitioner. Also heard Mr. D. R. Gogoi, learned Government Advocate, Assam appearing for the respondent no. 3. This application has been filed under Article 227 of the Constitution of India challenging the order dated 02.05.2025, passed by the learned District Judge, Baksa, Assam in Misc. Case (Civil) No. 5/2024. The petitioner is the respondent no. 1 in the case before the trial court. After receiving notice, the petitioner appeared before the trial court on 05.04.2025. On that date, the petitioner filed an application stating that he did not receive the copy of the application filed by the petitioner in that case. Thereafter, on subsequent two dates, the Presiding Officer was absent. On 02.05.2025, the petitioner was represented by the engaged counsel but he could not file written statement and genuine cause was shown for that purpose. I have considered the submissions made by the learned counsel for both sides. The learned District Judge seemed to be in a hurry while passing the impugned order. The proverb
“justice hurried is justice buried” is applicable in the present case. The petitioner should have been given an opportunity to file the written statement. But it was not done by the trial court. Therefore, the impugned order is bad in law. Hence, the order dated 02.05.2025, passed by the learned District Judge, Baksa, Assam in Misc. Case (Civil) No. 5/2024 is quashed and set aside. The petitioner, being the respondent no. 1 before the trial court, shall be given an opportunity to file written statement to contest the case. The written statement shall be filed before 30.08.2025.
With the aforesaid direction, the Civil Revision Petition is disposed of. JUDGE Comparing Assistant