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2025 DAILYLAW 27042 (GAU)

RUHINI HAZARIKA v. THE STATE OF ASSAM AND 3 ORS

I.A.(Civil)/4001/2025 · 2025-12-14

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010260422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4001/2025 RUHINI HAZARIKA S/O SRI BINANDA CHANDRA HAZARIKA, R/O VILL-TEOK KHANGIA GAON, P.O.-JAKHARIA, P.S.-TEOK, DIST-JORHAT, ASSAM, PIN-785113 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER OF TRANSPORT DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-06, ASSAM 2:THE ASSAM STATE TRANSPORT CORPORATION REPRESENTED THROUGH ITS MANAGING DIRECTOR PALTANBAZAR GUWAHATI-781008 ASSAM 3:THE DIVISIONAL SUPERINTENDENT ASTC BARUAH CHARIALI JORHAT ASSAM PI-785001 4:THE DIVISIONAL ENGINEER (MAINTENANCE) ASTC SERVICE BARUAH CHARIALI JORHAT ASSA Advocate for the Petitioner : MS M DAS, Advocate for the Respondent : SC, A S T C, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 15.12 .2025 Heard Ms. M. Das, learned counsel for the applicant. Also heard Ms. K. Borpujari, learned Standing Counsel, ASTC. This Interlocutory Application has been filed by the applicant seeking condonation of delay of 83 days, which had occurred while filing the misc. case seeking restoration of the writ petition being WP(C) No.6313 of 2021, which came to be dismissed on 19.09.2024. The learned counsel for the applicant submits that the delay which had occurred was not intentional. The learned counsel, who was representing the petitioner in WP(C) No.6313/2021 was indisposed and was unable to come to the Court and in spite of his best efforts could not request any other learned counsel to appear before the Court. As a consequence, the matter was called up and subsequently came to be dismissed for non-prosecution. The learned counsel for the opposite party does not object to the prayer made. Considering the submissions made and the grounds urged, this Court is of the view that the applicant has been able to explain the delay which had occurred in filing the misc. case for restoration. From the grounds urged, it is seen that the delay that had occurred was not intentional and therefore, this interlocutory applicant stands allowed and the delay of 83 days is hereby Page No.# 3/3 condoned. This interlocutory applicant is accordingly stands disposed of. JUDGE Comparing Assistant