PRAMOD CHANDRA KAKATI AND 9 ORS. v. THE STATE OF ASSAM AND 12 ORS.
I.A.(Civil)/3278/2026 · 2026-09-15
Arun Dev Choudhury
body2026
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[ 2026 DAILYLAW 14473 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 14473 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/6 GAHC010199682026
2026:GAU- AS:13695-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3278/2026 PRAMOD CHANDRA KAKATI AND 9 ORS. S/O LATE BISHNU RAM KAKATI, R/O VILLAGE - ATKUPARA, P.O. AND P.S. - BOKO, DISTRICT - KAMRUP, PIN- 781123, ASSAM. 2: CHANDRADHAR RABHA S/O LATE GHANASHYAM RABHA R/O VILLAGE AND P.O. - RAJAPARA P.S. - PALASBARI DISTRICT - KAMRUP PIN- 781120 ASSAM. 3: PULIN BIHARI OJHA S/O LATE GANGADHAR OJHA R/O VILLAGE AND P.O.- SUNDARIDIA DISTRICT - BARPETA PIN - 781314 ASSAM. 4: UDDHAB PATHAK S/O LATE GOLOK PATHAK R/O VILLAGE AND P.O- BANGSHAR P.S. - SUALKUCHI DISTRICT - KAMRUP PIN -781103 ASSAM. 5: BISHNU RAM DAS S/O LATE DADHI RAM DAS R/O VILLAGE AND P.O. AND P.S. - HAJO DISTRICT - KAMRUP PIN -781102 ASSAM. 6: MD. ABDUR REZZAQUE
Page No.# 2/6 S/O LATE BOSIR SHEIKH R/O VILLAGE - MANKASHAR BEPARI PARA P.O. AND P.S. - MANKACHAR DISTRICT- MANKACHAR PIN - 783131 ASSAM. 7: REJINA BEGUM D/O LATE JAFAR ALI R/O VILLAGE - MURARA P.O. AND P.S. - RANGIA (WARD NO. 3) DISTRICT - KAMRUP PIN -781354 ASSAM. 8: LOHIT CHANDRA SALOI S/O LATE CHANDI RAM SALOI R/O VILLAGE- KEKENIKUCHI P.S. - RANGIA P.O.- MORANJANA DISTRICT - KAMRUP PIN -781 381 ASSAM. 9: SATYA NATH DEKA S/O LATE GOPAL CHANDRA DEKA R/O VILLAGE - NAMSALA P.O. AND P.S. - SARTHEBARI DISTRICT - BARPETA PIN -781 307 ASSAM 10: HARE KRISHNA DAS S/O LATE KASHI RAM DAS R/O VILLAGE - KALBARI P.O.- BHAWANIPUR DISTRICT- BARPETA PIN - 781352 ASSAM VERSUS THE STATE OF ASSAM AND 12 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS DEPARTMENT (ROADS/BUILDING)
Page No.# 3/6 DISPUR GUWAHATI- 6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCE DEPARTMENT DISPUR GUWAHATI-6. 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI - 29. 6:THE EXECUTIVE ENGINEER PWD GUWAHATI ROADS DIVISION GUWAHATI-1. 7:THE ASSISTANT EXECUTIVE ENGINEER PWD PALASHBARI TERRITORIAL ROAD SUB-DIVISION MIRZA. 8:THE EXECUTIVE ENGINEER PWD BORDER ROAD CONSTRUCTION DIVISION MANKACHAR ASSAM. 9:THE EXECUTIVE ENGINEER PWD BADARPUR B.R.C DIVISION BADARPUR. 10:THE EXECUTIVE ENGINEER RANGIA ROAD DIVISION RANGIA. 11:THE ASSISTANT EXECUTIVE ENGINEER
Page No.# 4/6 PWD HAJO RURAL ROAD DIVISION HAJO.
12:THE ASSISTANT EXECUTIVE ENGINEER PWD GUWAHATI EAST ROAD SUB-DIVISION GUWAHATI. 13:THE ASSISTANT EXECUTIVE ENGINEER PWD GUWAHATI WEST ROAD SUB-DIVISION GUWAHAT Advocate for the Petitioner : MR P K GOSWAMI, J BAISHYA,MR. A DAS,MR. M DAS Advocate for the Respondent : GA, ASSAM, SC, PWD,SC, FINANCE,SC, AG
BEFORE HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
16.09.2026 (A.D. Choudhury, J)
1. We have heard Mr. P. K. Goswami, learned Senior Advocate assisted by Mr. A. Das, learned Advocate for the applicant(s). We have also heard Mr. R. K. Talukdar, learned Standing Counsel, Accountant
Page No.# 5/6 General (AG), representing the respondent No. 5 and Mr. D. Nath, learned Senior Government Advocate, Assam representing the State respondents.
2. The present Interlocutory Application has been filed by the applicant(s)/appellant(s) seeking condonation of the delay of 185 days in preferring the connected writ appeal against the Judgment and Order dated 30.01.2026, passed by learned Single Judge in WP(C) No.5328/2021.
3. Perused the averments made in the present application.
4. After going through the averments made in the application, we are satisfied that the applicant(s)/appellant(s) has sufficiently explained the reasons of delay and has been able to substantiate that the reason beyond its control. We do not see any negligence, lack of bona-fide or inaction on the part of the applicant(s)/appellant(s).
5. Thus, having considered the explanation tendered by the applicant/appellant, this Court is satisfied that the delay occasioned in preferring the connected writ appeal was neither deliberate nor actuated by negligence but resulted from bona-fide circumstances beyond the control of the applicant/appellant. In the absence of gross laches or mala-fide intention attributable to the applicant/appellant, this Court would lean in favour of the adjudication on merits.
6. Accordingly, in the interest of justice and having satisfied that the causes shown are sufficient to condone the delay, we deem it appropriate to condone the delay.
7. Accordingly, the instant Interlocutory Application stands
disposed of.
Page No.# 6/6
8. Registry shall process the connected Writ Appeal and, if the same is found defect free, list it on 23.11.2026 under the appropriate heading.
JUDGE CHIEF JUSTICE Comparing Assistant