Page No.# 1/6 GAHC010177962024 2025:GAU-AS:5049 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No : MC/65/2024 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 Page No.# 2/6 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. ------------ Advocate for : MR. P TALUKDAR Advocate for : SR GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS. Linked 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. Page No.# 3/6 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. 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 the Petitioner : MR. P TALUKDAR, Advocate for the Respondent : SR GA,ASSAM, MS. M K SHARMA (R5-R8),MR S DUTTA (R5-R8) 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 restoration of 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. 4. Ms. A. Das, learned counsel for the applicant submits that the WP(C) No. 1295/2018 was listed on 16.02.2024 but the same escaped from the notice of the learned Counsel representing the petitioner and while enquiring he came to know that the case was dismissed on 16.02.2024 for non-prosecution and accordingly, prays that the restoration application be allowed so as to do complete justice to the parties. Page No.# 5/6 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 restoration. 6. I have considered the submission advanced by the learned counsels for both the parties and also perused the materials available on record. 7. Apt to reproduce the relevant paragraphs of the averments made in the restoration application, which are extracted hereunder for ready reference:- “3. That thereafter the case was listed on 16/2/2024 as item No. 35 before the Hon'ble Court No. 20 of this Hon'ble Court on 16/2/2024 but same was escaped from the notice of the Counsel for the Petitioner/Applicant. 4. That the Counsel for the Petitioner/Applicant while enquiring the case for listing the same for hearing on 22/08/2024, has come to know that the case was listed on 16/2/2024 before the Hon'ble Court No. 20 as Item No. 35 but same was dismissed for non- prosecution. 5. That the non appearance of the counsel before the Hon'ble Court on 16/2/2024 was not intentional as same was escaped from the notice of the counsel for the Petitioner/Applicant and for this reason, the counsel of the Petitioner/Applicant failed to appear before this Hon'ble Court. 6. That there is no negligence or leches on the part of the Petitioner/Applicant and his counsel to appear before this Hon'ble Court but due to compelling situation he failed to appear. Unless, the case is restored to file, the Applicant/Petitioner will suffer irreparable loss and substantial injury.” 8. A perusal of the aforesaid indicates that since the learned counsel appearing for the petitioner has missed the matter in the Page No.# 6/6 Cause-list of 16.02.2024, there was no representation on behalf of the petitioner on that date, for which the matter was dismissed due to non-prosecution. The aforesaid explanation in the facts of the instant case appears to be sufficient. 9. Accordingly, the restoration application stands allowed. The WP(C) No. 1295/2018 is restored back to its original file. 10. Resultantly, the application stands allowed. JUDGE Comparing Assistant