Page No.# 1/7 GAHC010121622026 2026:GAU-AS:14628-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2140/2026 SMTI RANJU AGARWAL AND ANR W/O SRI RAM PRAKASH AGARWAL (JINDAL), R/O CHIRWAPATTY ROAD, NEAR DEVI MANDIR, P.O., P.S. AND DISTRICT- TINSUKIA, ASSAM- 786125 2: RAM PRAKASH AGARWAL (JINDAL) S/O LATE HANUMAN PRASAD AGARWAL R/O CHIRWAPATTY ROAD NEAR DEVI MANDIR P.O. P.S. AND DISTRICT- TINSUKIA ASSAM- 78612 VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, TOWN AND COUNTRY PLANNING DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI- 781006. 3:THE EXECUTIVE OFFICER TINSUKIA MUNICIPAL BOARD P.O. P.S. AND DIST- TINSUKIA ASSAM PIN- 786125 4:M/S DAYAL CONSTRUCTIONS REPRESENTED BY SRI RAJENDRA PRASAD CHOUDHURY HAVING OFFICE AT C/O M/S DAYAL ENTERPRISES Page No.# 2/7 A.T. ROAD (MAKUM ROAD) NEAR TOKRIGOLA P.O. P.S. AND DIST- TINSUKIA ASSAM PIN- 786125 5:RAJENDRA PRASAD CHOUDHURY S/O LATE SATYANARAYAN CHOUDHURY R/O CHALIHA NAGAR NEAR TINSUKIA DEVELOPMENT OFFICE P.O. P.S. AND DIST- TINSUKIA ASSAM PIN- 786125 AND ALSO HAVING THEIR OFFICE ADDRESS AT C/O M/S DAYAL ENTERPRISES A.T. ROAD (MAKUM ROAD) NEAR TOKRIGOLA P.O. P.S. AND DIST- TINSUKIA ASSAM PIN- 786125 6:RAVI CHOUDHURY S/O SRI RAJENDRA PRASAD CHOUDHURY R/O CHALIHA NAGAR NEAR TINSUKIA DEVELOPMENT OFFICE P.O. P.S. AND DIST- TINSUKIA ASSAM PIN- 786125 AND ALSO HAVING THEIR OFFICE ADDRESS AT C/O M/S DAYAL ENTERPRISES A.T. ROAD (MAKUM ROAD) NEAR TOKRIGOLA P.O. P.S. AND DIST- TINSUKIA ASSAM PIN- 786125 7:VISHAL CHOUDHURY S/O SRI RAJENDRA PRASAD CHOUDHURY R/O CHALIHA NAGAR NEAR TINSUKIA DEVELOPMENT OFFICE P.O. P.S. AND DIST- TINSUKIA ASSAM PIN- 786125 AND ALSO HAVING THEIR OFFICE ADDRESS AT C/O M/S DAYAL ENTERPRISES Page No.# 3/7 A.T. ROAD (MAKUM ROAD) NEAR TOKRIGOLA P.O. P.S. AND DIST- TINSUKIA ASSAM PIN- 786125 8:SHASHI CHOUDHURY S/O SRI RAJENDRA PRASAD CHOUDHURY R/O SHAKSHI MOTORS CHIRWAPATTY ROAD P.O. P.S. AND DIST- TINSUKIA ASSAM 9:SMTI SWAPNA GARODIA W/O SANJAY GARODIA C/O GARODIA AUTOMOBILES MORAN TOWN P.O. AND P.S.- MORAN DIST- SIVASAGAR ASSAM PIN- 78564 Advocate for the Petitioner : MR. R J DAS, Advocate for the Respondent : GA, ASSAM, MS M ZOMUANPUII (R-4,5,6,7),MR J SINGH (R- 4,5,6,7),MR H AGARWAL (R-4,5,6,7),MRS J M KONWAR (R-4,5,6,7),MR. B D KONWAR SR. ADV. (R-4,5,6,7) Linked Case : CRP/0/0 SMTI RANJU AGARWAL WIFE OF SRI RAM PRAKASH AGARWAL JINDAL RESIDENT OF CHIRWAPATTY ROAD NEAR DEVI MANDIR P.O. P.S. DISTRICT TINSUKIA ASSAM PIN 786125. 2: SRI RAM PRAKASH AGARWAL JINDAL SON OF LATE HANUMAN PRASAD AGARWAL Page No.# 4/7 RESIDENT OF CHIRWAPATTY ROAD NEAR DEVI MANDIR P.O. P.S. DISTRICT TINSUKIA ASSAM PIN 786125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM TOWN COUNTRY PLANNING DEPARTMENT DISPUR GUWAHATI 781006. 2:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI 781006. 3:THE EXECUTIVE OFFICER TINSUKIA MUNICIPAL BOARD P.O. P.S. DISTRICT TINSUKIA ASSAM PIN 786125. 4:MS DAYAL CONSTRUCTIONS REPRESENTED BY SRI RAJENDRA PRASAD CHOUDHURY HAVING OFFICE AT C/O M/S DAYAL ENTERPRISES A.T. ROAD MAKUM ROAD NEAR TOKRIGOLA P.O. P.S. DISTRICT TINSUKIA ASSAM PIN 786125. 5:SRI RAJENDRA PRASAD CHOUDHURY SON OF LATE SATYANARAYAN CHOUDHURYOF SHAKSHI MOTORS CHIRWAPATTY ROAD TINSUKIA ASSAM 6:SMTI SWAPNA GARODIA WIFE OF SANJAY GARODIA Page No.# 5/7 C/O GARODIA AUTOMOBILES MORAN TOWN P.O. P.S. MORAN DISTRICT SIVASAGAR ASSAM PIN 785640. ------------ Advocate for : HARSHIT AGARWAL Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 30.09.2026 (K. Goswami, J) Heard Mr. R. J. Das, learned counsel for the applicants; Ms. U. Sharma, learned Government Advocate for respondent Nos.1 & 6 and Mr. B. D. Konwar, learned Senior Advocate, assisted by Mr. H. Agarwal, learned Advocate for respondent Nos.4 to 7. 2. This application has been filed for condoning the delay of 82 days in preferring the connected writ appeal against the judgment dated 19.02.2026 passed by a learned Single Judge of this Court in WP(C) No.392/2023. 3. Being aggrieved by the aforesaid judgment, the applicants preferred the connected writ appeal. However,as the appeal could not be instituted within the prescribed period of limitation,there is a delay of 82 days in filing the same,for which the present application has been preferred. Page No.# 6/7 4. The explanations furnished in the application are that although the Judgment and Order was pronounced on 19.02.2026, it was uploaded on the official website only on 03.03.2026. Thereafter, the applicants consulted their earlier counsel and in view of the complex legal issues involved, sought further opinions from other learned counsel. The process was prolonged by the voluminous records, the professional commitments of counsel and subsequently,the indisposition and prior engagements of the newly engaged counsel before the Itanagar Permanent Bench. The consultations were finally concluded on 14.05.2026,following which the connected Writ Appeal was drafted and filed. 5. Learned Advocate for the applicants submits that the delay was neither deliberate nor intentional,but occurred on account of unavoidable circumstances which were beyond the control of the applicants. He further submits that the entire period of delay has been consumed in obtaining proper legal advice on the complex issues of law involved therein, including the interpretation of the statutory provisions relating to height calculation,the applicability of the 2022 by-laws and the doctrine of res judicata. 6. Per contra,learned Senior Advocate appearing for the respondents objected to the delay of condonation on the ground of the delay being not sufficiently explained. 7. Having heard the learned Advocates appearing for the contending parties and having considered the explanations furnished,we are satisfied that the delay is sufficiently explained. The delay appears to Page No.# 7/7 have resulted from the time taken in obtaining legal advice and completing the requisite formalities and was neither deliberate nor mala fide. 8. In the facts and circumstances of the present case,sufficient causes having been shown,the delay of 82 days in preferring the connected Writ Appeal is condoned. 9. The interlocutory application stands allowed and disposed off. 10. Registry to process the connected writ appeal and list the same on 25.11.2026 under the appropriate heading. JUDGE CHIEF JUSTICE Comparing Assistant