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2025 DAILYLAW 22273 (GAU)

THE UNION OF INDIA v. DHARMEN NAIDU

I.A.(Civil)/127/2025 · 2025-02-11

N Unni Krishnan Nair

Transfer Petitionbody2025

Judgment text

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Page No.# 1/4 GAHC010275812024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/127/2025 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 3: THE ADMINISTRATIVE OFFICER LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM VERSUS DHARMEN NAIDU S/O LATE DHARAMDAS NAIDU, PERMENENT RESIDENT OF FULBARI TEA ESTATE, PO BALIPARA, DIST SONITPUR, ASSAM, 784101, PRESENTLY RESIDING AT LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH, TEZPUR, SONITPUR, ASSAM Advocate for the Petitioner : MR. A K DUTTA, Advocate for the Respondent : MR. S C BISWAS, FOR CAVEATOR,MS. J GHOSH Linked Case : I.A.(Civil)/128/2025 THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI Page No.# 2/4 2: THE DIRECTOR LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM 784001 3: THE CHIEF ADMINISTRATIVE OFFICER LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM 784001 VERSUS LAXMI DEVI @ LAKHIMI DEVI W/O LATE BUL BARTHAKUR RESIDENT OF VILLAGE GHARPARA CHUBURI LALIT BARUAH PATH PO TEZPUR DIST SONITPUR ASSAM 784001 9:THE COMPTROLLER AND AUDITOR GENERAL OF INDIA CAG DEEN DAYAL UPADHAYA MARG NEW DELHI 110012 ------------ Advocate for : MR. A K DUTTA Advocate for : MR. S C BISWAS appearing for LAXMI DEVI @ LAKHIMI DEVI Linked Case : I.A.(Civil)/297/2025 THE UNION OF INDIA AND ORS 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 784001 Page No.# 3/4 VERSUS MANJUMA HAZARIKA W/O SRI PRASANNA SARANIA C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM 2:THE COMPTROLLER AND AUDITOR GENERAL OF INDIA CAG DEEN DAYAL UPADHAYA MARG NEW DELHI 110124 ------------ For the applicants : Mr. A.K. Dutta, Advocate For the respondents : Mr. B.D. Das, Sr. Advocate Assisted by Mr. S.C. Biswas, Advocate for respondent No.1 Mr. R.K. Talukdar, S.C., CAG, For respondent No.2 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 12-02-2025 (Vijay Bishnoi, C.J.) The matter comes up for consideration of I.A.(Civil) 127/2025, I.A.(Civil) 128/2025 and I.A.(Civil) 297/2025 filed under Section 5 of the Limitation Act, 1963 with the prayer to condone the delay of 756, 756 and 796 days, respectively, that occurred in filing the respective connected writ appeals. Since all the connected writ appeals are filed against the common order dated 13.09.2022 passed by the learned Single Judge in a batch of writ Page No.# 4/4 petitions, these matters, although listed separately, are taken up together for consideration. Having heard the learned counsel appearing for the parties and after taking into consideration the fact that against the order dated 13.09.2022 the applicants preferred review petitions, which came to be dismissed on 29.09.2024 and thereafter, the connected writ appeals have been filed, we deem it appropriate to allow the prayer for condonation of delay. Accordingly, the delay of delay of 756, 756 and 796 days in filing the connected writ appeals is condoned. These interlocutory applications are disposed of. Registry is directed to register the connected writ appeals and list the same before this Court on 19.02.2025 for admission. JUDGE CHIEF JUSTICE Comparing Assistant