Page No.# 1/8 GAHC010129622026 2026:GAU-AS:15619-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2248/2026 M/S. ROYAL COAL PRODUCTS AND ANR. TIRAP GAON, SAIL LINE, LEDO, MARGHERITA SUB-DIVISION, P.O- LEDO, P.S.- MARGHERITA, DISTRICT - TINSUKIA, ASSAM, PIN 786182, REPRESENTED BY ITS SOLE PROPRIETOR SRI KHITISH DEBNATH. 2: SRI KHITISH DEBNATH S/O - SRI SARAT DEBNATH R/O- LEDO ROAD GAON P.O.- LEDO P.S.- MARGHERITA DISTRICT- TINSUKIA ASSAM PIN-786182 VERSUS THE STATE OF ASSAM AND 13 ORS. REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI - 6, ASSAM. 2:THE DISTRICT COMMISSIONER TINSUKIA DISTRICT - TINSUKIA PIN - 786125. 3:THE SUB DIVISIONAL OFFICER CIVIL MARGHERITA SUB-DIVISION MARGHERITA DISTRICT- TINSUKIA ASSAM PIN - 786181. 4:THE CIRCLE OFFICER Page No.# 2/8 MARGHERITA REVENUE CIRCLE MARGHERITA DISTRICT - TINSUKIA ASSAM PIN - 786181 5:THE CIRCLE INSPECTOR DIGBOI SUBDIVISION MARGHERITA DISTRICT TINSUKIA ASSAM PIN - 786171. 6:THE OFFICER IN CHARGE MARGHERITA POLICE STATION P.O.- MARGHERITA MARGHERITA DISTRICT - TINSUKIA ASSAM PIN - 786181. 7:THE OFFICER IN CHARGE LEDO OUT POST MARGHERITA POLICE STATION MARGHERITA DISTRICT - TINSUKIA PIN - 786182. 8:THE GENERAL MANAGER NORTH EASTERN COALFIELDS COAL INDIA LIMITED MARGHERITA DISTRICT- TINSUKIA PIN - 786181. 9:THE MANAGER NORTH EASTERN COALFIELDS COAL INDIA LIMITED MARGHERITA DISTRICT - TINSUKIA PIN - 786181. 10:THE MANAGER LEDO OPEN CASTING PRODUCTION NORTH EASTERN COALFIELDS COAL INDIA LIMITED MARGHERITA DISTRICT - TINSUKIA PIN786182 Page No.# 3/8 11:THE MANAGER PERSONNEL COAL INDIA LIMITED TIRAP COLLIERY AGENT OFFICE P.O. - LEDO DISTRICT - TINSUKIA PIN - 786182. 12:THE MINING OFFICER NORTH EASTERN COALFIELDS COAL INDIA LIMITED MARGHERITA DISTRICT- TINSUKIA PIN - 786182. 13:THE GENERAL MANAGER DISTRICT - INDUSTRIES COMMERCE CENTER TINSUKIA GOVERNMENT OF ASSAM DISTRICT - TINSUKIA PIN - 786125. 14:THE REGIONAL EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM REGIONAL OFFICE DIBRUGARH DISTRICT - DIBRUGARH ASSAM PIN - 786003 Advocate for the Petitioner : MR A K CHAUDHURY, MR R CHAKRAVORTY,MS P BARMAN,R BASUMATARY,MR. P SARMAH Advocate for the Respondent : GA, ASSAM, MR. A M DUTTA(R8TO12),MR M Z AHMED(R8TO12),SC, PCB,SC, COAL INDIA Linked Case : CRP/0/0 MS ROYAL COAL PRODUCTS TIRAP GAON SAIL LINE Page No.# 4/8 LEDO MARGHERITA SUB-DIVISION P.- LEDO P.S.- MARGHERITA DISTRICT - TINSUKIA ASSAM PIN 786182 REPRESENTED BY ITS SOLE PROPRIETOR SRI KHITISH DEBNATH. 2: SRI KHITISH DEBNATH S/O - SRI SARAT DEBNATH R/O- LEDO ROAD GAON P.O.- LEDO P.S.- MARGHERITA DISTRICT- TINSUKIA ASSAM PIN-786182 VERSUS THE STATE OF ASSAM REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI - 6 ASSAM. 2:THE DISTRICT COMMISSIONER TINSUKIA DISTRICT - TINSUKIA PIN - 786125. 3:THE SUB DIVISIONAL OFFICER CIVIL MARGHERITA SUB-DIVISION MARGHERITA DISTRICT- TINSUKIA ASSAM PIN - 786181. 4:THE CIRCLE OFFICER MARGHERITA REVENUE CIRCLE MARGHERITA DISTRICT - TINSUKIA ASSAM PIN - 786181 5:THE CIRCLE INSPECTOR Page No.# 5/8 DIGBOI SUBDIVISION MARGHERITA DISTRICT TINSUKIA ASSAM PIN - 786171 6:THE OFFICER IN CHARGE MARGHERITA POLICE STATION P.O.- MARGHERITA MARGHERITA DISTRICT - TINSUKIA ASSAM PIN - 786181. 7:THE OFFICER IN CHARGE LEDO OUT POST MARGHERITA POLICE STATION MARGHERITA DISTRICT - TINSUKIA PIN - 786182. 8:THE GENERAL MANAGER NORTH EASTERN COALFIELDS COAL INDIA LIMITED MARGHERITA DISTRICT TINSUKIA PIN - 786181. 9:THE MANAGER NORTH EASTERN COALFIELDS COAL INDIA LIMITED MARGHERITA DISTRICT - TINSUKIA PIN - 786181. 10:THE MANAGER LEDO OPEN CASTING PRODUCTION NORTH EASTERN COALFIELDS COAL INDIA LIMITED MARGHERITA DISTRICT - TINSUKIA PIN786182 11:THE MANAGER PERSONNEL COAL INDIA LIMITED TIRAP COLLIERY AGENT OFFICE P.O. - LEDO DISTRICT - TINSUKIA Page No.# 6/8 PIN - 786182. 12:THE MINING OFFICER NORTH EASTERN COALFIELDS COAL INDIA LIMITED MARGHERITA DISTRICTTINSUKIA PIN - 786182. 13:GENERAL MANAGER DISTRICT - INDUSTRIES COMMERCE CENTER TINSUKIA GOVERNMENT OF ASSAM DISTRICT - TINSUKIA PIN - 786125. 14:THE REGIONAL EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM REGIONAL OFFICE DIBRUGARH DISTRICT - DIBRUGARH ASSAM PIN - 786003. ------------ Advocate for : ASHIM KUMAR CHAUDHURY Advocate for : appearing for THE STATE OF ASSAM -BEFORE- HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE KAUSHIK GOSWAMI 14.10.2026 (K. Goswami, J) Heard Mr. A.K. Choudhury, learned Advocate for the applicants; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1 to 7; Ms. H. Talukdar, learned Advocate for the respondent Nos. 8 to 12 and Mr. S. Baruah, learned Standing counsel, Pollution Control Board, Assam for the respondent No. 14. Page No.# 7/8 2. This application has been filed for condoning the delay of 188 days in preferring the connected writ appeal against the judgment and order dated 13.11.2025 passed by a learned Single Judge of this Court in WP(C) No.4705/2013. 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 188 days in filing the same, for which the present application has been preferred. 4. The applicants have sought condonation of the delay in filing the connected writ appeal, contending that the delay in preferring the intra-court appeal occurred as they had initially pursued Review Petition No. 16/2026, which was dismissed on 09.03.2026, and seek exclusion of the time spent in the review proceedings. They have further stated that in the meantime, efforts were made to amicably resolve the land dispute through the District Administration and the concerned Revenue Circle, but no effective steps were taken despite verbal assurances. The applicants have also cited the illness of applicant No.2 during the latter part of May, 2026, which prevented him from travelling to Guwahati to pursue the appeal. Upon recovery, he visited Guwahati and took steps to file the appeal. Accordingly, the applicants contend that the delay was neither intentional nor deliberate and have prayed for condonation thereof in the interest of justice. 5. Having heard the learned Advocates appearing for the Page No.# 8/8 contending parties and having considered the explanations furnished, we are satisfied that the delay is sufficiently explained, which was neither deliberate nor mala fide. 6. In the facts and circumstances of the present case, sufficient causes having been shown, the delay of 188 days in preferring the connected Writ Appeal is condoned. 7. The interlocutory application stands allowed and disposed off. 8. Registry to process the connected writ appeal and list the same on 17.12.2026 under the appropriate heading. JUDGE CHIEF JUSTICE Comparing Assistant