Page No.# 1/5 GAHC010157872025 2025:GAU-AS:9467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/35/2025 M/S H AND H ENTERPRISE (JV) AND ANR REP. BY SRI HITESH KALITA, S/O- LT. KHARGA RAM KALITA, REGD. OFFICE AT SANKARNAGAR, GHORAMARA, P.O. BELTOLA, GHY, DIST.- KAMRUP (M), PIN- 781028, REGD. NO. 167/143 DATED 14.06.2018, PAN NO. AALFH4669P 2: HITESH KALITA S/O- LT. KHERGA RAM KALITA R/O- H.NO. 17 NIZARAPAR CHANDMARI P.O. SILPUKHURI P.S. CHANDMARI GHY- DIST.- KAMRUP (M) ASSAM PIN- 78100 VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE SECY. TO THE GOVT OF ASSAM, WATER RESOURCE DEPTT., DISPUR, GHY-06 2:THE CHIEF ENGINEER WATER RESOURCE DEPTT. CHANDMARI GHY-03 3:THE ADDL. CHIEF ENGINEER MECHANICAL ZONE WATER RESOURCE DEPTT. GHY-29 Page No.# 2/5 4:THE EXECUTIVE ENGINEER KARIMGANJ WATER RESOURCE DIVISION KARIMGANJ ASSAM 5:THE ASSTT. EXECUTIVE ENGINEER SILCHAR MECHANICAL WATER RESOURCE SUB-DIVISION SILCHAR ASSAM 6:THE DY. COMMISSIONER KARIMGANJ DISTRICT ASSA Advocate for the Petitioner : MR. R SARMA, MR. P M KALITA,MS. S D SAIKIA Advocate for the Respondent : SR. GA, ASSAM, SC, REVENUE,SC, WATER RESOURCE In WP(C)/4408/2020 M/S H AND H ENTERPRISE (JV) AND ANR REP. BY SRI HITESH KALITA S/O- LT. KHARGA RAM KALITA REGD. OFFICE AT SANKARNAGAR GHORAMARA P.O. BELTOLA GHY DIST.- KAMRUP (M) PIN- 781028 REGD. NO. 167/143 DATED 14.06.2018 PAN NO. AALFH4669P 2: HITESH KALITA S/O- LT. KHERGA RAM KALITA R/O- H.NO. 17 NIZARAPAR CHANDMARI P.O. SILPUKHURI P.S. CHANDMARI GHY- DIST.- KAMRUP (M) ASSAM PIN- 781003 Page No.# 3/5 VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE SECY. TO THE GOVT OF ASSAM WATER RESOURCE DEPTT. DISPUR GHY-06 2:THE CHIEF ENGINEER WATER RESOURCE DEPTT. CHANDMARI GHY-03 3:THE ADDL. CHIEF ENGINEER MECHANICAL ZONE WATER RESOURCE DEPTT. GHY-29 4:THE EXECUTIVE ENGINEER KARIMGANJ WATER RESOURCE DIVISION KARIMGANJ ASSAM 5:THE ASSTT. EXECUTIVE ENGINEER SILCHAR MECHANICAL WATER RESOURCE SUB-DIVISION SILCHAR ASSAM 6:THE DY. COMMISSIONER KARIMGANJ DISTRICT ASSAM ------------ Advocate for the applicant(s): Mr. R Sarma Advocate for the respondent(s): Mr. C Sarma Standing Counsel, Water Resource Department, Govt. of Assam Mr. TR Gogoi for State Respondents B E F O R E Page No.# 4/5 HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 23.07.2025 Heard Mr. R Sarma, the learned counsel appearing on behalf of the applicants. Mr. C Sarma, the learned counsel, who appears on behalf of the respondent Nos.1 to 5 and Mr. TR Gogoi, the learned counsel, who appears on behalf of the respondent No.6. 2. This is an application filed for restoration of the writ petition, being WP(C) No.4408/2020 which was dismissed for default vide the order dated 24.06.2025 by this Court. 3. A perusal of the said order dated 24.06.2025 passed in WP(C) No.4408/2020 reveals that the petitioners were not represented by its counsel on four occasions which compelled this Court to dismiss the said writ petition for default. 4. The reasons assigned herein is that on 24.06.2025, the learned counsel who represented the applicants/petitioners could not appear on account of torrential rain. Taking into account that the petitioners were not at fault, on account of non-appearance of their counsel, this Court for the ends of justice recalls the order dated 24.06.2025 and thereby restores the WP(C) No.4408/2020 to the file of this Court. 5. This Court, however, taking into account that on four occasions the applicants/petitioners were not represented, imposes a costs of Rs.10,000/- upon the learned counsel for the applicants/petitioners which has to be deposited before the Registry of this Court within 7(seven) days from today. 6. It is observed that deposit of the said amount of Rs.10,000/- shall be a Page No.# 5/5 condition precedent for listing of the accompanying writ petition being WP(C) No.4408/2020. It is further observed and directed that upon deposit of the said amount of Rs.10,000/- the said amount be disbursed to the District Legal Service Authority, Kamrup(M), Guwahati. 7. With the above, the instant application stands disposed of. JUDGE Comparing Assistant