Page No.# 1/3 GAHC010212102024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3279/2024 THE UNION OF INDIA REPRESENTED BY THE SASHASTRA SEEMA BAL (SSB) THE FRONTIER HEADQUARTERS SASHASTRA SEEMA BAL SSB GUWAHATI GUWAHATI VILL BORKHAT SONAPUR KAMRUP METRO GUWAHATI ASSAM 782402 VERSUS SMT ANIMASHREE SARMAH AND 4 ORS WO LATE BHABENDRA NATH SARMAH RESIDENT OF H NO 20 KANWACHAL ROAD SILPUKHURI GUWAHATI KAMRUP METRO ASSAM 781003 2:SHRI ANAL JYOTI SARMAH SON OF LATE BHABENDRA NATH SARMAH RESIDENT OF H NO 20 KANWACHAL ROAD SILPUKHURI GUWAHATI KAMRUP METRO ASSAM 781003 3:SMT MANISHA SARMAH DAUGHTER OF LATE BHABENDRA NATH SARMAH RESIDENT OF H NO 20 KANWACHAL ROAD SILPUKHURI GUWAHATI KAMRUP METRO ASSAM 781003 4:RAHUL JYOTI SARMAH SON OF LATE BHABENDRA NATH SARMAH RESIDENT OF H NO 20 KANWACHAL ROAD SILPUKHURI GUWAHATI KAMRUP METRO ASSAM 781003 5:THE COLLECTOR OF KAMRUP METROPOLITAN LECHUBAGAN HENGRABARI GUWAHATI ASSAM 78103 Advocate for the Petitioner : HAREESH GUPTA, Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, MR R SINGHA(R-1 TO 4),MR. P GOSWAMI (R-1 TO 4) BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 11.06.2025 Heard Mr. H. Gupta, learned counsel for the applicant. Also heard Mr. P. Goswami, learned counsel for the respondent Nos.1—4 and Mr. K. Bhattacharyya, learned Government Advocate, appearing for the respondent No.5. This application under Section 5 of the Limitation Act is preferred by the applicant for condonation of delay of 64 days in preferring the connected appeal. Mr. Gupta submits that the grounds for failing to file the appeal within the stipulated period is explained in paragraph Nos.2 and 3 of the application and that due to non-availability of certain documents and necessary instruction from the department and also failing to obtain legal opinion from the higher authorities, the appeal could not be filed in time and the same is not intentional, rather it is circumstantial and under such circumstances, Mr. Gupta has contended to allow this application. Mr. Goswami, learned counsel for the respondent Nos.1—4 and Mr. Bhattacharyya, learned Government Advocate, appearing for the respondent No.5 submit that they have no objection in the event of condonation of 64 days delay in preferring the connected appeal. Taking note of the submission of learned counsel for both the parties and also considering the explanation forthcoming for delay, this Court is of the view that the delay is sufficiently explained and as such, this Court is inclined to allow this application. Accordingly, the delay of 64 days in preferring the connected appeal stands Page No.# 3/3 condoned. Registry to register and number the connected appeal and list the same before the Court as soon as practicable. Comparing Assistant Sd/- Robin Phukan JUDGE