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2026 DAILYLAW 17451 (GAU)

Redam Jini v. The Union of India and 8 Ors

IA(C)/10/2026 · 2026-01-08

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/4 GAHC040000312026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/10/2026 Redam Jini Son of Late Hogre Jini, Village Logum Jini, PO Aalo, West Siang District, Arunachal Pradesh. VERSUS The Union of India and 8 Ors Represented by the Secretary, Ministry of Road, Transport and Highways, Transport Bhawan No. 1, Parhami Street, New Delhi 110001 2:The Superintending Engineer and RO Age: 0 Occupation : MORT and H Highway Regional Office SARDP NE Cell First Floor Campus of CE (WZ) Mowb II Itanagar AP 791111 3:The Govt of Arunachal Pradesh Age: 0 Occupation : Represented by the Chief Secretary Govt. of Arunachal Pradesh Itanagar. 791111 4:The Commissioner Age: 0 Occupation : PWD Govt. of Arunachal Pradesh Page No.# 2/4 Itanagar 791111 5:The Secretary Age: 0 Occupation : Department of Land Management Govt. of Arunachal Pradesh Itanagar 791111 6:The Chief Engineer Age: 0 Occupation : Highway PWD Division Govt. of Arunachal Pradesh Itanagar 791111 7:The Deputy Commissioner Age: 0 Occupation : Aalo West Siang District Arunachal Pradesh. 791001 8:The Divisional Forest Officer Age: 0 Occupation : Aalo West Siang District Arunachal Pradesh 791001 9:The District Land Revenue Settlement Officer Age: 0 Occupation : Aalo West Siang District Arunachal Pradesh 79100 Advocate for the Petitioner : Subu Koyang, Advocate for the Respondent : Marto Kato, GA (AP),DSGI BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Page No.# 3/4 Date : 09-01-2026 Heard Mr. S. Koyang, learned counsel for the applicant. Also heard Ms T. Wangmo, learned Government Advocate for the State respondents No. 3 to 9 and Ms Y. Gao, learned counsel appearing on behalf of Mr. M. Kato, learned DSGI, representing respondent No.1. 2. It is submitted on behalf of the applicant that there was a delay in filing the application for restoration of WP(C) No.436/2022. The details of delay in filing the application is as under:- ”Per Period of delay from 13.08.2025 to 08.01.2026 is as given below:- August 2025 from 14.08.2025 to 31.08.2025 = 18 days September, 2025 = 30 days October, 2025 = 31 days November, 2025 = 30 days December, 2025 = 31 days January, 2026 from 01.01.2026 to 08.01.2025 = 8 days Total =148 days Limitation period = 30 days Delay for condonation 148-30 days =118 days” 3. It is further submitted that Late Hogre Jini died leaving behind following family members:-i. Sri Relish Jini, elder son, ii. Sri Redam Jini, son, iii.Sri Rejum Jini, son, iv. Sri Retik Jini, son, v. Sri Geyom Jini, grandson, vi. Sri Todak Jini, grandson and vii. Smty Tobi Jini, surviving widow. It is further submitted that Late Hogre Jini had several immovable properties and the value of the assets could not be ascertained for final Page No.# 4/4 decision for distribution among the family members. There were also 2(two) criminal cases pending in the court of Chief Judicial Magistrate, Aalo and another matter in this High Court. The family members have also prepared a Deed of Agreement dated 21.09.2025, authorizing the Shri Redam Jini to pursue the pending cases. Succession Certificate was obtained on 27.11.2025 in respect of Late Hogre Jini. This resulted in the delay of 118 days in filing the application for restoration of WP(C) No. 436/2022. 4. I have considered the submissions at the bar. I have considered the submission that there was no malafide and no inaction on part of the petitioner and it appears that the sufficient reasons have been described to explain the delay in filing the application for restoration. Considering all the aspects, the delay of 118 days is hereby condoned. 5. In terms of the above observation, the instant interlocutory application stands disposed of. JUDGE Comparing Assistant