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2025 DAILYLAW 2582 (GAU)

ALL ASSAM FOREST PROTECTION FORCE EMPLOYEES ASSOCIATION v. THE STATE OF ASSAM

MC/49/2025 · 2026-02-22

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010231882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/49/2025 : ALL ASSAM FOREST PROTECTION FORCE EMPLOYEES ASSOCIATION REP. BY SHRI ASWINI KONWAR AND SHRI HAREN CHANDRA ROY AS THE PRESIDENT AND THE GENERAL SECRETARY RESPECTIVELY HAVING ITS HEAD OFFICE AT RUKMINIGAON P.O. KHANAPARA P.S. DISPUR DIST KAMRUP M ASSAM GUWAHATI-781006. VERSUS THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FOREST DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST and HEAD OF FOREST FORCE ASSAM REHABARI GUWAHATI- 781008. 4:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS ADMN and VIGILANCE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM REHABARI Page No.# 2/3 GUWAHATI- 781008. 5:THE COMMANDANT 1ST ASSAM FOREST PROTECTION FORCE BN. BASISTHA GUWAHATI-29. ------------ Advocate for : MR. S J SARMAH Advocate for : SC FOREST appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.02.2026 Heard Mr. S. J. Sarmah, learned counsel for the applicant. Also heard Mr. D. Gogoi, learned Standing Counsel Forest Department appearing for the opposite parties. 2. The present miscellaneous application has been instituted praying for recall of an order dated 10.04.2025 passed by this Court towards dismissing the connected writ petition being WP(C) No. 293/2015 for non-prosecution. 3. It is projected in the misc. case that the petitioners on account of oversight had missed the listing of the matter before this Court on 10.04.2025. It is also projected that the petitioners were also unable to engage a fresh set of counsel at the relevant point of time and accordingly for dismissal of the writ petition for non-prosecution by this Court the petitioners were not responsible. 4. Mr. Sarmah, learned counsel for the applicant has reiterated the said contention and has prayed that this Court would be pleased to recall the order dated 10.04.2025 and consider the connected writ petition on its own merit. Page No.# 3/3 5. Mr. Gogoi, learned counsel for the opposite parties has vehemently objected to the prayer made by the petitioner for restoration of the connected writ petition. He submits that the writ petition is not maintainable and accordingly it would not be mandated to be restored 6. The submissions made by Mr. Gogoi is directed against the merit of the connected writ petition and is not so based on the prayer made in the present I.A. 7. In view of the above discussion, this Court is of the considered view that the order dated 10.04.2025, would require reconsideration and accordingly on appreciating the circumstances as highlighted by petitioner in the matter, this Court proceeds to its recall order dated 10.04.2025. 8. The connected writ petition being WP(C) No. 293/2015 stands restored to its original file. Registry to list WP(C) No. 293/2015 on 26.02.2026. 9. The miscellaneous application accordingly, stands disposed of JUDGE Comparing Assistant