Page No.# 1/5 GAHC010266982024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3999/2024 BIJOY BARLA AND 4 ORS ASSISTANT EXECUTIVE ENGINEER, POLLUTION CONTROL BOARD ASSAM, BY LANE NO. 2 NABAPUR, MAZGAON, TEZPUR SONITPUR PIN- 784001 DIST. SONITPUR, ASSAM 2: GAUTAM NANDI ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM 3: JAYANTA KUMAR DUTTA ASSISTANT EXECUTIVE ENGINEER REGIONAL OFFICE POLLUTION CONTROL BOARD ASSAM REGIONAL LABORATORY CUM OFFICE MELACHOKOR SIVASAGAR ASSAM 78640 4: UJJAL KUMAR SARMA ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM 5: NAGEN CHANDRA BORO ASSISTANT EXECUTIVE ENGINEER HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSA VERSUS THE STATE OF ASSAM AND ORS Page No.# 2/5 REP. BY THE PRINCIPAL SEC. TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPTT. DISPUR-781006 2:THE SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR GUWAHATI-6 3:THE POLLUTION CONTROL BOARD REP. BY ITS CHAIRMAN BAMUNIMAIDAM GUWAHATI-781021 4:THE CHAIRMAN POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI-781021 5:THE MEMBER SECRETARY POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI-781021 6:THE ASSISTANT PUBLIC INFORMATION OFFICER AND EXECUTIVE ENGINEER POLLUTION CONTROL BOARD HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 7:JAGAT DEKA S/O LT. HARICHARAN DEKA R/O VILL. BELSOR P.O. BELSOR P.S BELSOR CHUPA PATOWARY PARA DIST. NALBARI PIN-781304 WWORKING AS ASSISTANT EXECUTIVE ENGINEER REGIONAL OFFICE POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM 8:DIPRAJ ARDAO ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSA Advocate for the Petitioner : MR. S K DAS, MR A I TALUKDAR,MR. K N CHOUDHURY Advocate for the Respondent : SC, FOREST, SC, PCB Page No.# 3/5 Linked Case : BIJOY BARLA AND 4 ORS VERSUS THE STATE OF ASSAM AND 7 ORS ------------ Advocate for : MR. S K DAS Advocate for : appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 13.02.2025 (K.R. Surana, J) Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. S. K. Das, learned counsel for the applicants. Also heard Mr. R.R. Gogoi, learned Standing Counsel for the Forest Department representing respondents Nos. 1 and 2 and Mr. S. Baruah, learned Standing Counsel for the PCB, Assam representing respondent Nos. 3, 4, 5 and 6. 2. The learned Senior Counsel for the applicants has submitted that notice on respondents Nos. 7 and 8 has been served by way of Dasti service filed by the Page No.# 4/5 applicant on 06.02.2025. Accordingly, notice on the said respondent Nos. 7 and 8 is accepted to be duly served. 3. None appears on call for the said respondents. 4. By filing this interlocutory application, the applicants have prayed for condoning the delay of 672 days beyond the period of limitation in filing the connected appeal. 5. It is submitted by the learned Senior Counsel for the applicants that aggrieved by the judgment and order dated 15.12.2022, passed by the learned Single Judge in WP(C) No. 630/2021, a writ appeal was preferred, which was registered and numbered as WA No. 12/2023 wherein, pursuant to orders passed by this Court, the operation of the said impugned order dated 15.12.2022 was stayed. 6. It is submitted that in course of hearing of WA No.12/2023, having noticed that the said appeal was preferred by the promotes who were upgraded to the post of Assistant Executive Engineer by an order dated 09.12.2019, jointly with another group consisting of persons who were also promoted to the same post, however, in a different exercise. 7. Accordingly, the present applicants, by taking leave of this Court vide order dated 24.10.2024, passed in I.A.(Civil) No. 2968/2024, withdrew themselves from the said appeal with leave to file a separate appeal. On such leave being granted, the present appeal has been preferred. 8. The learned Standing Counsel for the Forest Department as well as for the State Pollution Control Board does not object to the prayer made in this Page No.# 5/5 interlocutory application. 9. Accordingly this interlocutory application stands allowed, as the applicants have obtained leave of this Court by order dated 24.10.2024, passed in I.A. (Civil) No. 2968/2024, to prefer an appeal and withdrew from the earlier appeal, i.e. WA No. 12/2023. 10. Accordingly, the application stands allowed and the delay of 672 days, beyond the period of limitation in preferring the connected appeal stands condoned. 11. The Registry shall now register and list the connected appeal in the admission column. 12. This interlocutory applications stands disposed of. JUDGE JUDGE Comparing Assistant