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2026 DAILYLAW 3944 (GAU)

DIGANTA SAIKIA AND 3 ORS. v. BURHAN ALI AND 12 ORS.

I.A.(Civil)/1088/2026 · 2026-04-06

Arun Dev Choudhury

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Judgment text

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Page No.# 1/6 GAHC010066692026 2026:GAU-AS:5116- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1088/2026 DIGANTA SAIKIA AND 3 ORS. (MEMBER, WARD NO.1 OF 14 NO GILADHARI MUKH GAON PANCHAYAT), SON OF LATE SONARAM SAIKIA, VILL- GHILADHARI MUKH, PO- TEWARIPAL, PS-SOOTEA, DIST-BISWANATH, ASSAM, PIN-784175 MOBIL- 9101757387 2: RAJIV MISRA MEMBER WARD NO.2 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF KHAGEN MISHRA VILLAGE-ADABHETI PO-TEWARIPAL PS-SOOTEA DIST-BISWANATH ASSAM PIN-784175 MOBILE-9101787472 3: GAHUR ALI MEMBER WARD NO.3 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF ABDUL RAHIM VILLAGE-NO.2 ADAVETI PO-TEWARIPAL PS-SOOTEA DIST-BISWANATH ASSAM PIN-784175 MOBILE-7663002425 4: SAMSUL ISLAM MEMBER WARD NO.7 OF 14 NO GILADHARI MUKH GAON PANCHAYAT SON OF SAHAJAL HAQUE VILLAGE-NA ADAVATI KALAKATI NO.1 PO-TEWARIPAL PS-SOOTEA DISTRICTBISWANATH ASSAM PIN-784175 MOBILE-910108663 VERSUS BURHAN ALI AND 12 ORS. Page No.# 2/6 (MEMBER, WARD NO.9 OF 14 NO GILADHARI MUKH GAON PANCHAYAT) SON OF MD. ABDUL KADER, VILLAGE-KALAKATI, PO-TEWARIPAL, PS- SOOTEA, DISTRICT-BISWANATH, ASSAM, PIN-784175 2:MOFIDA KHATUN MEMBER WARD NO.6 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF ABDUL KASEM VILLAGE-BAKRRAPATTA PO-BAKRRAPATTA PS-SOOTEA DISTRICT-BISWANATH ASSAM PIN-784175 3:HASINA KHATUN MEMBER WARD NO.4 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF AMJAD ALI VILL-NO.2 ADAVETI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM PIN-784175 4:NURJAHAN BEGUM MEMBER WARD NO.5 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF ABDUL KARIM VILL-NO.2 ADAVETI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM PIN-784175 5:AJIRON KHATUN MEMBER WARD NO.8 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF SAFIKUL ISLAM VILL-UTTAR KALAKATI PO-TEWARIPAL PSSOOTEA DISTRICT-BISWANATH ASSAM PIN-784175 6:AMINA KHATUN MEMBER WARD NO.10 OF 14 NO GILADHARI MUKH GAON PANCHAYAT WIFE OF SAMSHUL ISIAM VILL-NO.2 BHOJMARI PO-TEWARIPAL Page No.# 3/6 PSSOOTEA DISTRICT-BISWANATH ASSAM PIN-784175 7:THE STATE OF ASSAM REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI781006 8:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM GUWAHATI781037 9:THE DISTRICT COMMISSIONER BISWANATH DISTRICT-BISWANATH ASSAM PIN784176 10:THE CHIEF EXECUTIVE OFFICER BISWANATH ZILLA PARISHAD PO PS-BISWANATH DISTRICT-BISWANATH ASSAM PIN784176 11:THE BLOCK DEVELOPMENT OFFICER BISWANATH DEVELOPMENT BLOCK -CUMEXECUTIVE OFFICER AND SECRETARY BISWANATH ANCHALIK PANCHAYAT BURIGANG POBURIGANG PS-BISWANATH DISTRICTBISWANATH ASSAM PIN-784176 12:THE AUTHORIZED OFFICER OF FIRST MEETING HELD ON 27.06.2025 FOR OATH TAKING AND ELECTION OF PRESIDENT AND VICE-PRESIDENT OF 14 NO GILADHARI MUKH GAON PANCHAYAT DISTRICT-BISWANATH ASSAM PIN-784176 13:THE SECRETARY 14 NO GILADHARI MUKH GAON PANCHAYAT Page No.# 4/6 KARAYANI TEWARIPAL PS-SOOTEA DISTRICTBISWANATH ASSAM PIN- 78417 Advocate for the Petitioner : P. GHOSH, MR. A M AHMED,MR H R A CHOUDHURY,MR. M K HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. BEFORE HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 07-04-2026 (Arun Dev Choudhury, J) 1. We have heard Mr. A.M Ahmed, learned counsel for the applicants. Also heard Mr. S. Dutta, learned Standing Counsel, P&RD Department for the respondents/ opposite parties. 2. The present Interlocutory Application has been filed by the applicants seeking condonation of the delay of 31 days in preferring the connected Review Petition seeking review of the order dated 18.12.2025 passed in WA No. 411/2025. 3. By the aforesaid order, the Writ Appeal was dismissed upholding the Judgment & Order dated 08.12.2025 passed by the learned Single Judge in WP(C) No. 5918/2025. Page No.# 5/6 4. In paragraph No. 11 of this application, the applicants have cited the reasons for the delay in preferring the connected Review Petition. 5. Mr. Dutta, learned Standing Counsel, P&RD Department submits that he has no instruction to object to the present application. 6. We have heard the learned counsel for the parties. 7. The length of the delay is indeed a relevant factor to be considered when deciding an application for condonation of delay. However, when sufficient causes are shown, the discretion vested in the Courts to condone delay is to be exercised, though sufficient cause shall not mean a mere explanation given superficially. 8. In the case in hand, we have found that the applicants have sufficiently explained the reasons for the delay and have substantiated that, for reasons beyond their control, they were deflected from approaching the Court promptly and within the prescribed period of limitation. We do not see any negligence, lack of bona fide, or inaction on the part of the applicants and at the same time, the personal liberty of the applicants is to be examined in the connected appeal. 9. Based on the available materials, it cannot be said that the applicants were not diligent or that the delay was intentional. 10. Thus, having considered the explanation tendered by the applicants, this Court is satisfied that the delay occasioned in preferring the connected Review Petition was neither deliberate nor actuated by negligence but resulted from bona fide circumstances beyond the Page No.# 6/6 control of the applicants. In the absence of gross laches or mala fide intention attributable to the applicants, this Court would lean in favour of the adjudication on merits. 11. Accordingly, the delay of 31 days, stands condoned. 12. The instant Interlocutory Application stands allowed and disposed of. 13. The Registry shall process the connected Review Petition and, if found defect-free, list it under the appropriate heading, preferably on 01.06.2026. JUDGE CHIEF JUSTICE Comparing Assistant