Page No.# 1/3 GAHC010197092023 2025:GAU-AS:13424 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/70/2023 MD. RASHIDUL HOQUE S/O MD ABDUL SATTAR R/O VIL- DALANI JURIA P.O. TINSUKIA DIST.NAGAON ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI-6. 2:THE DEPUTY COMMISSIONER NAGAON ASSAM. 3:THE ADDL. DEPUTY COMMISSIONER GAONBORA BRANCH NAGAON DIST. NAGAON ASSAM. 4:MD. NAZRUL ISLAM S/O LT. ABDUL BARIK R/O VILL- CHATIAN P.O. TINSUKIA DIST. NAGAON ASSAM. ------------ Page No.# 2/3 Advocate for : MR. N H MAZARBHUIYAN Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 26.09.2025 Heard Mr. M.H. Saikia, learned counsel for the applicant. Also heard Mr. J. Handique, learned standing counsel for the opposite party No. 1 and Ms. S. Baruah, learned Government Advocate for the opposite party Nos. 2 and 3. 2. This application is preferred by the applicant for restoration of WP(C) No. 3172/2015, to file, which was dismissed for default on 31.08.2017. 3. Mr. Saikia, learned counsel for the applicant submits that earlier one Mr. A. Sharif, learned counsel was engaged by the applicant , but the applicant lost contact with him, because of which the applicant came to this Court to enquire about the status of the writ petition filed by him, and upon enquiry, he came to know that Mr. Sharif suffered demise during the COVID-19 pandemic period, and thereafter, the applicant had engaged another counsel and came to know that the writ petition filed by him came to be dismissed, vide order dated 31.08.2017. Mr. Saikia further submits that as the applicant could not contact his engaged counsel and as the engaged counsel suffered demise during the period of COVID-19 pandemic, non-representation of the applicant on 31.08.2017, on which date the writ petition came to be dismissed, was not intentional, rather it was circumstantial, and under such circumstances, it is contended to restore WP(C) No. 3172/2015, to file. 4. Though the opposite party No. 4 has filed affidavit-in-opposition in I.A. Page No.# 3/3 (Civil) No. 2701/2023, yet none appears for the opposite party No. 4 today. 5. Mr. Handique, learned standing counsel for the opposite party No. 1 and Ms. Baruah, learned Government Advocate for the opposite party Nos. 2 and 3 submit that they have no objection in the event of restoring WP(C) No. 3172/2015, to file. 6. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to allow this application. 7. Accordingly, WP(C) No. 3172/2015, shall be restored to file. 8. Registry shall list WP(C) No. 3172/2015, on 07.11.2025. 9. In terms of above, this application stands disposed of. JUDGE Comparing Assistant