Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 14560 (GAU)

MRIDUL DEV ADHIKARY v. THE STATE OF ASSAM AND 4 ORS.

I.A.(Civil)/3194/2026 · 2026-09-15

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010186452026 2026:GAU- AS:13694-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3194/2026 MRIDUL DEV ADHIKARY S/O LATE MUKUNDA MOHAN ADHIKARY, BISHNU NAGAR, H. NO. 39, HARICHARAN DAS PATH, LOKHRA ROAD, LOKHRA, GUWAHATI, DISTRICT- KAMRUP (M), ASSAM, PIN -781040 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF FOREST AND ENVIRONMENT, DISPUR, GUWAHATI -781005 2:THE CHAIRMAN POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI - 781021. 3:THE MEMBER SECRETARY POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI - 781021. 4:UNIVERSITY GRANTS COMMISSION DISTANCE EDUCATION BUREAU 35 - FEROZE SHAH ROAD NEW DELHI - 110001. 5:MANOJ SAIKIA S/O REBA KANTA SAIKIA SANKAR HOUSING COMPLEX SHANTI NIWAS BLOCK NO. 1 FIRST FLOOR Page No.# 2/3 NORTH JALUKBARI GUWAHATI-781014 DISTRICT- KAMRUP (M) ASSA Advocate for the Petitioner : MS. M DEV, MS N DEB,MS P DEB Advocate for the Respondent : SC, FOREST, SC, U G C,SC, P C B A BEFORE HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 16-09-2026 (Arun Dev Choudhury, J) 1. We have heard Ms. M. Dev, learned counsel, for the applicant/appellant. Also heard Mr. S. Baruah, learned Standing counsel, Pollution Control Board; Mr. D. Gogoi, learned Standing counsel, Forest Department and Mr. A. Samua, learned Standing counsel, University Grants Commission appearing for the respondents/opposite parties. 2. The present Interlocutory Application has been filed by the applicant/appellant seeking condonation of the delay of 480 days in preferring the connected writ appeal against the Judgment and Order dated 03.04.2025, passed by the learned Single Judge in WP(C) No.5049/2022. 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/appellant has sufficiently explained the reasons of delay and has been able to substantiate that the reason beyond his control. We do not see any negligence, lack of bona-fide or inaction on the part of the applicant/appellant. Page No.# 3/3 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 him, 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. 8. Registry shall process the connected Writ Appeal and, if the same is found defect free, list it on 18.11.2026 under the appropriate heading. JUDGE CHIEF JUSTICE Comparing Assistant