Page No.# 1/7 GAHC010234112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/4269/2017 UNION OF INDIA and 2 ORS REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI 781011 2: THE CHIEF ENGINEER CON B.G. N.F. RAILWAY GUWAHATI. 3: THE DEPUTY CHIEF ENGINEER CON B.G. N.F. RAILWAY LUMDING NAGAON VERSUS THE STATE OF ASSAM and 15 ORS TO BE REPRESENTED BY THE COMMISSIONER and SECY. TO THE GOVT.OF ASSAM DEPTT. OF WPT AND B.C. DISPUR GUWAHATI-6 2:JONHAM JOHORI G.B. OF DIDUKI-I VILL. DIDUKI-I P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 3:NIRONJAN KEMPRAI Page No.# 2/7 G.B. OF DIDUKI-II VILL. DIDUKI-II P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 4:BIPUL LANGTHASA G.B. OF N. SIMPLANGDISA VILL. N. SIMPLANGDISA P.O. MAIBANG P.S. MAIBANG DIST. DIMA HASAO. 5:HAICHUMBE ZEME G.B. OF NRISAMBANGLOW VILL. NRIAMBANGLOW P.O. MAHUR DIST. DIMA HASAO 6:AFFECTED PEOPLES CO-ORDINATION COMMITTEE RENAMED AS AFFECTED PEOPLES REHABILITATION COMMITTEE REGISTERED BODY REPRESENTED BY ITS PRESIDENT SHRI PROBON LANGTHASA CONVENT ROAD HAFLONG DIMA HASAO DIST. 7:JOYDEB PHONGLO G.B. OF MAHUR PHONGLO VILL. MAHUR PHONGLO P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 8:MONOJ LANGTHASA G.B. OF N. WADRENGDISA VILL. N. WADRENGDISA P.O. WADRENGDISA P.S. MAIBANG DIST. DIMA HASAO 9:AJEN URANG G.B. OF SAMSERPUR VILL. SAMSERPUR P.O. DAUTUHAJA P.S. MAHUR Page No.# 3/7 DIST. DIMA HASAO 10:JATON BATHARI G.B. OF JORAI BATHARI VILL. JORAI BATHARI P.O. MAHUR P.S. MAHUR DIST. DIMA HASAO 11:LALTHANGTHOI HRANGKHOL G.B. OF DIYUNG HRANGKHOL VILL. DIYUNG HRANGKHOL P.O. HAFLONG P.S. HAFLONG DIST. DIMA HASAO 12:MAHAKANTA DIBRAGEDE B.G. OF PHAIDING VILL. PHAIDING P.O. DAUTUHAJA P.S. MAHUR DIST. DIMA HASAO 13:SOIJANON LANGTHASA G.B. OF N. SOBOJAI VILL. N.SOBOJAI P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 14:PRODON KEMPRAI G.B. OF SOBOJAN OLD VILL. SOBOJAI OLD P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 15:SATYALAL THAOSEN G.B. OF N. DILAOTGHAI VILL.N. DILAOTHAI DIST. DIMA HASAO 16:ROTEN THAOSEN G.B. OF DILIMPUR VILL. DILIMPUR Page No.# 4/7 P.O. MANDERDISA P.S. LANGTING DIST. DIMA HASAO ------------ Advocate for : MS.R BEGOM Advocate for : MR.D C K HAZARIKA appearing for THE STATE OF ASSAM and 15 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 14.07.2025 [Manish Choudhury, J] Heard Mr. A. Dasgupta, learned Senior Counsel assisted by Dr. B.N. Gogoi, learned counsel for the applicants and Mr. D.C.K. Hazarika, learned counsel for the opposite party – respondent nos. 2 to 16. None has appeared for the opposite party-respondent no. 1, State of Assam today on call. 2. The instant application under Section 5 of the Limitation Act, 1963 was preferred by the applicants seeking condonation of delay of 1289 days in filing the connected Hill Appeal/Regular First Appeal to assail an Order dated 10.12.2013 passed by the learned Additional Deputy Commissioner, Dima Hasao District at Haflong in Title Suit no. 06/2005. 3. After service of notice upon the opposite parties and after hearing the learned counsel for the parties, the period of delay of 1289 days which had occurred in preferring the connected Hill Appeal/Regular First Appeal was condoned by an order dated 05.04.2019, subject to the condition that the applicants would deposit a sum of Rs. 1,00,000/- in the Registry of the Court within a period of 4 [four] weeks therefrom. The Court had observed that the causes shown were sufficient enough to condone the delay. The Court had further observed that to compensate the loss, the opposite parties were to be paid a sum of Rs. Page No.# 5/7 1,00,000/-, which was to be deposited by the applicants who are the appellants. 4. Thereafter, the applicants through the Senior Law Officer, NF Railway, Maligaon, deposited a Demand Draft dated 25.04.2019 issued by the State Bank, Maligaon Branch for an amount of Rs. 1,00,000/- with an Office Letter dated 30.04.2019. 5. It is submitted by the learned counsel for the parties that against the Order dated 05.04.2019 condoning the delay, the opposite parties had preferred special leave to appeal, Special Leave to Appeal [C] no[s]. 14185-14186/2019 [Jonham Johori GB of Diduki I and others vs. Union of India and others] before the Hon'ble Supreme Court of India. Admission of the special leave to appeal was, however, declined by the Hon'ble Supreme Court on 08.07.2019, resulting in finality of the Order dated 05.04.2019 condoning the delay. 6. Mr. Hazarika, learned counsel appearing for the opposite parties has submitted that in the objection/affidavit-in-opposition filed to the application, the opposite parties apart from raising objection as regards insufficiency of cause regarding explanation for delay, have also raised an objection regarding maintainability of the accompanying Hill Appeal/Regular First Appeal on the ground that the connected Hill Appeal/Regular First Appeal has not been preferred on behalf of the Union of India and on that ground, the appeal is not to be entertained and is liable to be dismissed. In support of his such contention, Mr. Hazarika has submitted that there are authorities to be relied on. 7. Be that as it may, the instant application is solely for the purpose of condonation of period of delay of 1289 days under Section 5 of the Limitation Act, 1963. The Order dated 05.04.2019 whereby the period of delay had already been condoned, has attained finality on compliance of the condition regarding deposit of the sum of Rs. 1,00,000/- and after dismissal of the special leave to appeal preferred against the said Order by the Hon'ble Supreme Court of India. 8. The plea raised on behalf of the opposite party regarding maintainability of the connected Hill Appeal/Regular First Appeal can be considered while hearing the connected Hill Page No.# 6/7 Appeal/Regular First Appeal. 9. It is already mentioned that the Hon'ble Supreme Court of India after hearing the parties and perusal of the relevant materials on records on 08.07.2019, dismissed the special leave petition. 10. The relevant excerpts of the Order dated 08.07.2019 read as under :- We have heard learned counsel appearing on behalf of the petitioners and perused the relevant material. The petitioners-plaintiffs aggrieved by the impugned order passed by the High Court of Gauhati in and by which the High Court has condoned the delay of 1289 days in filing the appeal by Union of India. The High Court has found that the delay of 1289 days in filing the appeal has been satisfactorily explained and we do not find any reason warranting interference with the order passed by the High Court. The special leave petitions are, accordingly, dismissed. The petitioners are at liberty to raise all the contentions on its before the High Court in the pending matter. Pending application[s], if any, shall also stand disposed of. 11. As the petitioners in Special Leave to Appeal [C] no[s]. 14185-14186/2019 [Jonham Johori GB of Diduki I and others vs. Union of India and others], that is, the opposite parties herein have been granted the liberty to raise all the contentions in the connected Hill Appeal/Regular First Appeal, Mr. Hazarika has submitted that the contentions of the opposite parties as regards maintainability of the connected Hill Appeal/Regular First Appeal is to be considered at the time of its hearing. 12. In view of the leave granted by the Hon'ble Supreme Court of India in its Order dated 08.07.2019, the opposite parties herein, that is, the respondents in the connected Hill Page No.# 7/7 Appeal/Regular First Appeal would be at liberty to raise contentions regarding maintainability and other contentions on merits. 13. In the above view of the matter, no fruitful purpose is going to be served by keeping the instant application pending. Therefore, the instant application stands accordingly, closed. JUDGE JUDGE Comparing Assistant