Page No.# 1/5 GAHC010160852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2371/2025 UMA KANTA SAIKIA AND ANR S/O. LT. DUTIRAM SAIKIA, VILL. AND P.O. BALISATRA, P.S. BOTODROVA, DIST. NAGAON, ASSAM, PIN-782001. 2: ASHOK KUMAR TAMULI S/O. LT. MONIRAM TAMULI VILL. AND P.O. PADUMONI P.S. SAMUGURI DIST. NAGAON ASSAM PIN-782140 VERSUS THE STATE OF ASSAM AND ORS THROUGH THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF AGRICULTURE, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-781022. 3:THE DIST. AGRICULTURAL OFFICER NAGAON DISTRICT ASSAM PIN-782001. 4:THE DIST. SELECTION COMMITTEE FOR PROMOTION OF GRADE-IV EMPLOYEES TO GRADE-III POSTS UNDER AGRICULTURE DEPTT. IN NAGAON DISTRICT REP. BY ITS CHAIRMAN CUM DISTRICT AGRICULTUREAL OFFICER Page No.# 2/5 NAGAON DISTRICT NAGAON ASSAM PIN-782001. 5:STRUCKED OFF AS PER ORDER DATED 09.11.2021 GANESH DEY BARUAH 6:SANKAR CHANDRA DEBNATH S/O. LT. GANGACHARAN DEBNATH JUNIOR ASSTT. OFFICE OF THE DISTRICT AGRICULRUTAL OFFICER NAGAON P.O. P.S. AND DIST. NAGAON ASSAM PIN-782001 Advocate for the Petitioner : MR R K SAHA, MR R HAZARIKA Advocate for the Respondent : SC. AGRICULTURE, Linked Case : WP(C)/9560/2019 UMA KANTA SAIKIA AND ANR. S/O. LT. DUTIRAM SAIKIA VILL. AND P.O. BALISATRA P.S. BOTODROVA DIST. NAGAON ASSAM PIN-782001. 2: ASHOK KUMAR TAMULI S/O. LT. MONIRAM TAMULI VILL. AND P.O. PADUMONI P.S. SAMUGURI DIST. NAGAON ASSAM PIN-782140. VERSUS THE STATE OF ASSAM AND 5 ORS. THROUGH THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM Page No.# 3/5 DEPTT. OF AGRICULTURE DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-781022. 3:THE DIST. AGRICULTURAL OFFICER NAGAON DISTRICT ASSAM PIN-782001. 4:THE DIST. SELECTION COMMITTEE FOR PROMOTION OF GRADE-IV EMPLOYEES TO GRADE-III POSTS UNDER AGRICULTURE DEPTT. IN NAGAON DISTRICT REP. BY ITS CHAIRMAN CUM DISTRICT AGRICULTUREAL OFFICER NAGAON DISTRICT NAGAON ASSAM PIN-782001. 5:STRUCKED OFF AS PER ORDER DATED 09.11.2021 GANESH DEY BARUAH 6:SANKAR CHANDRA DEBNATH S/O. LT. GANGACHARAN DEBNATH JUNIOR ASSTT. OFFICE OF THE DISTRICT AGRICULRUTAL OFFICER NAGAON P.O. P.S. AND DIST. NAGAON ASSAM PIN-782001. ------------ Advocate for : MR G P BHOWMIK Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 5 ORS. Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER 30.03.2026 Heard Mr. R. Hazarika, learned counsel for the applicant and also heard Ms. C. Saikia, learned counsel appearing on behalf of Ms. R. Baruah, learned counsel for the respondent nos. 1, 2, 3 and 4. The order of Lawazima Court indicates that the notice in respect of the respondent no. 6 has been delivered. Therefore, the service of notice is deemed have been served. This is an application praying for condonation of delay of 205 days in filing the connected Misc Application seeking restoration of WP(C)/9560/2019 which was dismissed for non prosecution on 28.11.2024. It is the case of the petitioner that the engaged Senior Counsel, who was leading the case had given up his legal profession since the year 2020 due to his ill health and the counsel who was assisting the Senior Counsel has also met with an accident on 30.09.2022 for which he had undergone two major operations. The engaged counsels could not appear on 28.11.2024 to conduct the hearing of matter. Due to non representation, the writ petition was dismissed for default on 28.11.2024. The petitioner came to know about such dismissal only on 20.04.2025 and applied the certificate copy which was received on 29.04.2025. Thereafter, the petitioner engaged a counsel on 05.05.2025 but could not meet his earlier counsel who was out of station for medical purpose at Hyderabad. In such circumstances, the petitioner could meet the earlier counsel only on 19.07.2025. In the process, a delay of 205 days has occurred in filing the connected miscellaneous application for restoration of the writ petition. Having considered that the delay in filing the application for restoration has not Page No.# 5/5 been occurred deliberately, this Court is satisfied that sufficient cause is shown by the applicant which prevented the applicant from filing the connected miscellaneous application within the limitation period. Thus, I deemed it appropriate to allow this application. Accordingly, the delay of 205 days in filing the Miscellenous application for restoration of the WP(C)/9560/2019 is hereby condoned. Interlocutory Application stands disposed of. JUDGE Comparing Assistant