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2025 DAILYLAW 23869 (GAU)

Smti Macheri Mongkhia and 44 Ors v. The State of AP and 3 Ors

IA(C)/220/2025 · 2025-11-02

Budi Habung, Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/11 GAHC040014722025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/220/2025 Smti Macheri Mongkhia and 44 Ors Wife of Bamang Loram, Village Donigaon, PO Seppa. East Kameng District, Arunachal Pradesh. 2: Kalu Tamang Age: Occupation : Son of Late jeet Bahadur Tamang Village Gormara PO Charduar Sonitpur District Assam. 3: Tallo Taku Age: Occupation : Son of Late Bengia Taku PO Seppa. East Kameng District Arunachal Pradesh. 4: Smti Pakhio Natung Age: Occupation : Wife of Shri Changrang Natung Village Lumdung PO Seppa. East Kameng District Arunachal Pradesh. 5: Maku Liyang Age: Occupation : Son of Late Tappung Liyang Village Liyang Page No.# 2/11 PO Bameng East Kameng District Arunachal Pradesh. 6: Sepai Tallang Age: Occupation : Son of Late karu Tallang Village Tallang PO Seppa. East Kameng District Arunachal Pradesh. 7: Harang Richa Age: Occupation : Son of late mana Richa Village Hari Richa PO Seppa. East Kameng District Arunachal Pradesh. 8: Bimal Hazarika Age: Occupation : Son of Late Khiliram Hazarika Village and PO Seppa. East Kameng District Arunachal Pradesh. 9: Smti Dan Maya Rai Age: Occupation : Wife of Dil Bahadur Rai Village Gormara PO Charduar Sonitpur District Assam. 10: Smti Rupanjali Tanti Age: Occupation : Wife of Bolaram Tanti Village Sonabill PO Barjuli Sonitpur District Assam 11: Bitu Kataki Age: Occupation : Page No.# 3/11 Son of Late Gulab Kataki Vilalge Type III PO Seppa East Kameng District Arunachal Pradesh. 12: Ramjan Ali Age: Occupation : Son of Mohrab Ali Village Nurpor PO Seppa East Kameng District Arunachal Pradesh. 13: Dimbeswar Saikia Age: Occupation : Son of Late Lolit Saikia Village Uttarpet Boha PO Uttarpet Nogaon District Assam. 14: Maku Weshi Age: Occupation : Son of Late Balai Weshi Village Weshi PO Seppa East Kameng District Arunachal Pradesh. 15: Bhakta Bahadur Thapa Age: Occupation : Son of Late Ganga Bahadur Thapa Village Sonaipam PO Lokra Sonitpur District Assam. 16: Tapan Baniya Age: Occupation : Son of Late Nandeswar Baniya Village Namsubari Panbari Dhekiajuli Page No.# 4/11 Sonitpur District Assam. 17: Darari Ray Age: Occupation : Son of Late Khetro Mohan Ray Village Veterany Colony PO Seppa East Kameng District Arunachal Pradesh. 18: Bimal Acharya Age: Occupation : Son of Late Nilkant acharya Village Bakori Doloni PO Bakori Doloni Biswanath Chariali District Assam. 19: Joynath Kishan Age: Occupation : Son of Late Shankar Kishan Village Amari Bari PO Amair Bari District Sonitpur Assam 20: Tagio Keyang Age: Occupation : Son of Late Magi Keyang Village Keyang PO Chayang Tajo East Kameng District Arunachal Pradesh. 21: Smti Parwa Cheda Age: Occupation : Wife of Late Karo Cheda Village Jote Cheda PO Chayang Tajo East Kameng District Arunachal Pradesh. Page No.# 5/11 22: Smti Yalam Dada Age: Occupation : Wife of Fai Dada Village Jeju Dada PO Seppa East Kameng District Arunachal Pradesh. 23: Smti Santu Kumari Sonar Age: Occupation : Wife of Chandra Bhadur Sonar Village Gormara PO Charduar Sonitpur District Assam. 24: Dineswari Hazarika Age: Occupation : son of Bimal Hazarika Village and PO Seppa East Kameng District Arunachal Pradesh. 25: Smti Bitoli Devi Age: Occupation : Wife of Ramesh Chandra Village Ugarpur PO Madanpur Farukhabad District Uttar Pradesh. 26: Niglar Mongkhia Age: Occupation : Son of Late Gompu Mongkhia Village Donigaon PO Seppa East Kameng District Arunachal Pradesh. 27: Dijen Turi Age: Occupation : Son of Haran Turi Page No.# 6/11 Village Labari PO Mazrou Mari Sonitpur District Assam 28: Domu Bagang Age: Occupation : Son of Late Singda Bagang Village Kasse Bagang PO Chayang Tajo East Kameng District Arunachal Pradesh. 29: Tapan Deka Age: Occupation : Son of late Kalindra Deka Village and PO Hidilattary Nalbari District Assam. 30: Baja Yangda Age: Occupation : Son of Late Dadang Yangda Village Loffa PO Seppa East Kameng District Arunachal Pradesh. 31: Smti metam Lingfa Age: Occupation : Daughter of Late Narai Lingfa Village Wessang PO Seppa East Kameng District Arunachal Pradesh. 32: Rajan Kara Age: Occupation : Son of Late Dadai Kara Village and PO Mazromari Sonitpur District Assam. Page No.# 7/11 33: Bijay Sharma Age: Occupation : Son of Late Bindeswar Sharma Village Ushma PO Ratranpura Darbhanga District Bihar. 34: Tayo Cheda Age: Occupation : Son of Late Namu Cheda Village Namu Cheda PO Seppa East Kameng District Arunachal Pradesh. 35: Taker Gyadi Age: Occupation : Son of Late Tali Gyadi Village Donigaon PO Seppa East Kameng District Arunachal Pradesh. 36: Arjun Sonar Age: Occupation : Son of Late Kal Bahadur Sonar Village Gormara PO Charduar Sonitpur District Assam. 37: Sakhe Bagang Age: Occupation : Son of Late Tania Bagang Village Kase Bagang PO Chayang Tajo East Kameng District Arunachal Pradesh. 38: Rai Tamar Age: Occupation : Page No.# 8/11 Son of Tade Tamar Village Rang PO Seppa East Kameng District Arunachal Pradesh. 39: Nibi Yangfo Age: Occupation : Son of Taje Yangfo Village Yangfo PO Chayang Tajo East Kameng District Arunachal Pradesh. 40: Chaye Lamgu Age: Occupation : Son of Late Rayung Lamgu Village Lamgu PO Seppa East Kameng District Arunachal Pradesh. 41: Kunal Kishan Age: Occupation : Son of Kingkar Kishan Village Amari Bari PO Amari Bari Sonitpur District Assam. 42: Rai Langdo Age: Occupation : Son of Lt Risung Langdo Village Neking PO Seppa East Kameng District Arunachal Pradesh. 43: Mintu Rehman Age: Occupation : Son of Abdul Gani Village Ghahigaon PO Sotea Page No.# 9/11 Sonitpur District Assam 44: Smti Wari Flago Hissang Age: Occupation : Wife of Late Taram Hissang Village Tassomora PO Seppa East Kameng District Arunachal Pradesh. 45: Kamchi Richa Age: Occupation : Son of Weshi Richa Village HAri Richa PO Seppa East Kameng District Arunachal Pradesh VERSUS The State of AP and 3 Ors represented by the Secretary, Department of Power, Govt of Arunachal Pradesh, Itanagar. 791111 2:The Chief Engineer (Power) Age: 0 Occupation : Western Electrical Zone Department of Power Vidyut Bhawan Ground Floor Itanagar 791111 3:The Superintending Engineer (E) Age: 0 Occupation : Arunachal Pradesh Electrical Circle - VIII Subu Department of Power Govt of Arunachal Pradesh 790101 4:The Executive Engineer (P) Age: 0 Occupation : Seppa Electrical Division Seppa Department of Power Page No.# 10/11 Govt of Arunachal Pradesh 79010 Advocate for the Petitioner : Subu Koyang, Advocate for the Respondent : Lissing Perme, SC(Power) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA HONOURABLE MR. JUSTICE MITALI THAKURIA HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 03.11.2025 ((M. Thakuria, J) Heard Mr. S. Koyang, learned counsel for the applicants. Also heard Mr. L. Perme, learned Standing Counsel for the respondents. 2. This application is filed under Section 5 of the Limitation Act, 1963 by the applicants with a prayer for condonation of delay for a period of 48 days beyond the period of limitation in filling the appeal against the judgment and order dated 11.06.2025 passed in W.P(C) Case No. 589/2024. 3. It is submitted by Mr. Koyang, learned counsel for the applicants, that there are 45 applicants and they all reside in Seppa. To obtain their signatures, some time was required, and further, they had to come to Naharlagun to affix their signatures. For these reasons, there was a delay of 48 days in preferring the connected appeal. It is further submitted that there was no intentional lapse or negligence on the part of the applicants. The reason for the delay has already been explained in paragraph No. 2 of the present application. Accordingly, it is submitted that the delay is not deliberate but a bona fide one, and therefore, it is prayed that the same be condoned. Page No.# 11/11 4. In this context, the learned counsel appearing for the respondents has raised no objection to the condonation of the delay of 48 days in preferring the connected appeal. 5. In view of the above and in the interest of justice, the Interlocutory Application for condonation of delay is hereby allowed. The delay of 48 days in preferring the connected appeal stands condoned. 6. Registry is directed to register the connected Writ Appeal and list the same for admission hearing in its usual course. 7. The Interlocutory Application stands disposed of in terms above. JUDGE JUDGE Comparing Assistant