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2025 DAILYLAW 4210 (GAU)

Itanagar Club v. The State of AP and 6 Ors

IA(C)/45/2025 · 2025-02-18

Arun Dev Choudhury, Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC040002272025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/45/2025 Itanagar Club A Society registered under the Societies Registration Act 1860 (Extension to Arunachal Pradesh) Act, 1978 represented through its Secretary Shri Doya Boje. VERSUS The State of AP and 6 Ors represented through the Secretary (Land Management) Govt of Arunachal Pradesh, Itanagar. 2:The Secretary Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 3:The Director of Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 4:The Joint Director of Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 5:The Deputy Commissioner Age: 0 Occupation : Itanagar Capital Complex Itanagar Papum Pare District Arunachal Pradesh. Page No.# 2/3 6:The Bharatiya Janata Party (BJP Age: 0 Occupation : through its President Shri Tapir Gao Opposite Arunadaya Higher Secondary School Vivek Vihar Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh. 7:The President Age: 0 Occupation : Arunachal Pradesh Wado Kai Karate Do Association D Sector Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Geli Taye, Advocate for the Respondent : GA (AP), SC (Land Management),Dugmar Kamduk BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 19.02.2025 (A.D. Choudhury, J) Heard Mr. K. Lollen, learned counsel for the applicant. Also heard Mr. D. Kamduk, learned counsel representing the respondent Nos. 1, 2, 3 and 4 and Mr. N. Lowang, learned counsel for the respondent No. 5. This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 41 days in preferring the connected writ appeal against the judgment and order dated 04.12.2024 passed by the learned Single Judge Page No.# 3/3 in Writ Petition No. 299(AP)/2018. The cause of delay is explained at paragraphs 2 and 3 of the connected application. The learned counsel appearing for the respondents submits that they will have no objection, if delay is condoned. In the opinion of Court, no notice shall be required to the private respondents in this application inasmuch as the said respondents did not participate in the writ proceeding. Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraphs 2 and 3 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time. Accordingly, the delay is condoned. IA stands disposed of. Registry to list the connected writ appeal after one week on a date to be fixed by the Registry. JUDGE JUDGE Comparing Assistant