Page No.# 1/6 GAHC010177962024 2025:GAU-AS:5049 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2718/2024 LAKHI HANDIQUE S/O. LT. JUGANANDA HANDIQUE, R/O. DHEMAJI, TANGANAPARA, P.O. DHEMAJI, P.S. DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-6, DIST. KAMRUP, ASSAM. 2:THE COMMISSIONER NORTH ASSAM DIVISION TEZPUR DIST. SONITPUR ASSAM. 3:THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. 4:THE SUB-DIVISIONAL OFFICER (CIVIL) JONAI DIST. DHEMAJI ASSAM. 5:PRANAB PEGU SENIOR ASSISTANT C/O. THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. Page No.# 2/6 6:MIRA DEORI SENIOR ASSISTANT C/O. THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. 7:GAYATRI TAYE SENIOR ASSISTANT C/O. THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. 8:LAKHINATH GOGOI SENIOR ASSISTANT C/O. THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM Advocate for the Petitioner : MR. P TALUKDAR, Advocate for the Respondent : SR GA,ASSAM, MS. M K SHARMA (R5-R8),MR S DUTTA (R5- R8) Linked Case : WP(C)/1295/2018 LAKHI HANDIQUE S/O. LT. JUGANANDA HANDIQUE R/O. DHEMAJI TANGANAPARA P.O. DHEMAJI P.S. DHEMAJI ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPARTMENT Page No.# 3/6 DISPUR GUWAHATI-6 DIST. KAMRUP ASSAM. 2:THE COMMISSIONER NORTH ASSAM DIVISION TEZPUR DIST. SONITPUR ASSAM. 3:THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. 4:THE SUB-DIVISIONAL OFFICER (CIVIL) JONAI DIST. DHEMAJI ASSAM. 5:PRANAB PEGU SENIOR ASSISTANT C/O. THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. 6:MIRA DEORI SENIOR ASSISTANT C/O. THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. 7:GAYATRI TAYE SENIOR ASSISTANT C/O. THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. 8:LAKHINATH GOGOI SENIOR ASSISTANT C/O. THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSAM. ------------ Page No.# 4/6 Advocate for : MR. P TALUKDAR Advocate for : GA ASSAM(R1TO4) appearing for THE STATE OF ASSAM AND 7 ORS. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 25.04.2025 Heard Ms. A. Das, learned counsel for the applicant. Also heard Ms. A. Talukdar, learned counsel appearing for respondent Nos. 3 and 4 and Ms. M. K. Sharma, learned counsel appearing for respondent Nos. 5 and 8. 2. This application is filed for condoning the delay of 164 days for preferring the restoration application for restoring WP(C) No. 1295/2018, which was dismissed for non-prosecution on 16.02.2024. 3. It appears that due to non appearance of the learned counsel appearing for the petitioner in WP(C) No. 1295/2018 on 16.02.2024 when the matter was listed before this Court, the writ petition was dismissed for non-prosecution. Accordingly, an application for restoring the said writ petition to its original file has been preferred being M.C. No. 65/2024. However, while filing the said miscellaneous case a delay of 164 days has occurred for which the present condonation application has been filed. Page No.# 5/6 4. Ms. A. Das, learned counsel for the applicant submits that due to oversight of the matter in the Cause-list on that relevant date by the learned counsel appearing for the petitioner, there was no representation on behalf of the petitioner on that day for which the writ petition was dismissed for non-prosecution and accordingly, prays that the condonation application be allowed so as to do complete justice to the parties. 5. Ms. A. Talukdar, learned counsel appearing for respondent Nos. 3 and 4 and Ms. M. K. Sharma, learned counsel appearing for respondent Nos. 5 and 8 submits that till date they have received no instructions to oppose to the said prayer for condonation. 6. I have considered the submission advanced by the learned counsels for both the parties and also perused the materials available on record. 7. A perusal of the averments made in the condonation application indicates that the delay of 164 days has occurred as the learned counsel for the petitioner was unaware of the dismissal order dated 16.02.2024 passed by this Court as there was no representation on that day on behalf of the petitioner. It appears that it was only after enquiry by the learned Counsel for the petitioner in the month of August 2024, he came to know that the writ petition was dismissed by order dated 16.02.2024. It appears that the delay has occurred for no fault of the petitioner and the grounds averred in the condonation application appears to be sufficient and bonafide. Page No.# 6/6 8. Accordingly, the delay of 164 days stands condoned. The interlocutory application stands allowed. JUDGE Comparing Assistant