Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2685/2025 In Review Pet./8871/2025 JAHIRUL ISLAM S/O LATE NAIMUL ISLAM, R/O VILL. SILPUKHURI, P.O. SILPUKHURI, P.S.
IKIRBHETA, DIST. MORIGAON, ASSAM, PIN 782123 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI 6 2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. (P AND R.D.) DISPUR, GUWAHATI 6 3:THE STATE LEVEL COMMITTEE (SLC) FOR COMPASSIONATE APPOINTMENT BEING REPRESENTED BY ITS CHAIRMAN NAMELY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR, GUWAHATI 6 4:THE DIST. LEVEL COMMITTEE (DLC) FOR COMPASSIONATE APPOINTMENT MORIGAON REPRESENTED BY THE DEPUTY/ DIST. COMMISSIONER MORIGAON CUM CHAIRMAN DLC MORIGAO Advocate for the Petitioner : MR. S K TALUKDAR, Advocate for the Respondent : GA, ASSAM,
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27-08-2025 Heard Shri S. K. Talukdar, learned Counsel for the applicant who by means of this application has sought for condonation of delay of 117 days in filing the review petition. The Review petition has been filed against an order dated 21.02.2025 passed in WP(C)/941/2025.
The learned counsel, Shri Talukdar has drawn the attention of this Court to the averments made in paragraph 4 of the petition and has submitted that under those conditions the delay has occasioned in which there is no negligence or laches.
Shri N. Goswami, learned State Counsel has not seriously objected to the aspect of condonation of delay.
In a writ proceeding, the Limitation Act, 1963 per se is not applicable. At the same time, the powers being equitable in nature, the aspect of laches will always be there and therefore, this present application has been filed. Upon considering the grounds set forth to justify the delay, this Court is of the opinion that the delay in preferring the review is liable to be condoned which is accordingly be done. IA stands allowed.
JUDGE Comparing Assistant