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2025 DAILYLAW 22193 (GAU)

THE UNION OF INDIA v. KALPANA HAZARIKA

I.A.(Civil)/641/2025 · 2025-04-08

N Unni Krishnan Nair

Transfer Petitionbody2025

Judgment text

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Page No.# 1/3 GAHC010274022024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/642/2025 1.THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI 2: THE DIRECTOR, LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM 784001 3: THE ADMINISTRITATIVE OFFICER, LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM 78400 VERSUS 1.TILLOTTOMA BRAHMA W/O KULDIP BASUMATARY, D/O SACHINDRA NATH BRAHMA, RESIDENT OF C./O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH, TEZPUR, SONITPUR, ASSAM 784001 2:THE COMPTROLLER AND AUDITOR GENERAL OF INDIA CAG DEEN DAYAL UPADHAYA MARG NEW DELHI 11012 Linked Case : I.A.(Civil)/641/2025 1.THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI 2: THE DIRECTOR, LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM 784001 3: THE ADMINISTRITATIVE OFFICER LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL Page No.# 2/3 HEALTH TEZPUR SONITPUR ASSAM 784001 VERSUS 1.KALPANA HAZARIKA W/O ACHYUT BORAH, RESIDENT OF VILLAGE SANTIBAN DEWRIGAON PO KETEKIBARI DIST SONITPUR ASSAM 784001 2:THE COMPTROLLER AND AUDITOR GENERAL OF INDIA CAG DEEN DAYAL UPADHAYA MARG NEW DELHI 110124 Linked Case : I.A.(Civil)/1085/2025 1.THE UNION OF INDIA REP. BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI 2: THE DIRECTOR, LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH, TEZPUR DIST. SONITPUR ASSAM PIN- 784001 3: THE ADMINISTRATIVE OFFICER LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR DIST. SONITPUR ASSAM PIN-784001. VERSUS 1.PURNIMA NARZARY W/O. LT. GOKUL DEORI R/O. LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR-784001 DIST. SONITPUR ASSAM 2:THE COMPTROLLER AND AUDITOR GENERAL OF INDIACAG DEEN DAYAL UPADHAYA MARG NEW DELHI-110124. For the Applicant(s) : Mr. A.K. Dutta, Central Government Counsel. : Mr. S. Sutradhar, Advocate. For the Respondent(s) : Mr. B.D. Das, Senior Advocate assisted by Mr. S.C. Biswas, Advocate for respondent No.1. : Mr. R.K. Talukdar, Standing Counsel, CAG for respondent No.2. Page No.# 3/3 – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 09.04.2025 (Vijay Bishnoi, CJ) These Interlocutory Applications [I.A.(Civil) No.642/2025, I.A.(Civil) No.641/2025 and I.A.(Civil) No. 1085/2025] are preferred under Section 5 of the Limitation Act, 1963, on behalf of the applicants, with the prayer to condone the delay of 795 days and 797 days, respectively, occasioned in preferring the connected writ appeals. It is noticed that against the impugned order passed by the learned Single Judge, several writ appeals were also filed with delay and this Court was pleased to condone the delay in those cases. Learned counsel appearing for the non-applicants in the above referred Interlocutory Applications are not in a position to dispute the said fact. In such circumstances, these interlocutory Applications [I.A.(Civil) No.642/2025, I.A.(Civil) No.641/2025 and I.A.(Civil) No. 1085/2025] are allowed and the delay of 795 days and 797 days, respectively, occasioned in preferring the connected writ appeals, are condoned. The Interlocutory Applications are disposed of accordingly. Registry is directed to register the connected writ appeals immediately. JUDGE CHIEF JUSTICE Comparing Assistant