Page No.# 1/3 GAHC010042092026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/23/2026 PACIFIC INSTITUTE OF TECHNOLOGY and MANAGEMENT HAVING ITS OFFICE AT N.S. ROAD, WARD NO. 12, NEAR OLD HOSPITAL POINT HAILAKANDI, REPRESENTED BY FOZAL MAHMUD MAZUMDER, S/O MUSABBIR AI MAZUMDER, R/O VICHIGCHA PART-II, P.O. VICHIGCHA, P.S. and DIST. HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,URBAN DEVELOPMENT DEPARTMENT,DISPUR, GUWAHATI-6. 2:THE UNDER SECY.TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPTT. DISPUR GUWAHATI-6 3:THE DIRECTOR OF MUNICIPAL ADMINISTRATION DEPTT. RUKMINI NAGAR GUWAHATI-22 4:THE HAILAKANDI MUNICIPAL BOARD REPRESENTED BY THE EXECUTIVE OFFICER P.S. and DIST. HAILAKANDI P.O. HAILAKANDI ASSAM PIN 78815 Advocate for the Petitioner : MR H R A CHOUDHURY, MR.R A CHOUDHURY Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, MRV K BAROOAH(R-4),MR.K K DEY(R-4) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 20-05-2026 Heard Mr. R.A. Choudhury, learned counsel for the applicant; Mr. N. Goswami, learned Junior Government Advocate, Assam for the opposite party nos. 1, 2 & 3; and Mr. K.K. Dey, learned counsel for the opposite party no. 4.\ 2. The instant Misc. application has been filed seeking restoration of a writ petition, W.P.[C] no. 6790/2014, which was dismissed by an Order dated 03.04.2025 due to non-prosecution. 3. After dismissal of the writ petition on 03.04.2025, the instant Misc. application was filed on 26.02.2026. 4. The applicant is an NGO registered under the Societies Registration Act and it had preferred the writ petition alleging non-release of a contract amount of Rs. 19,00,000/-, which was stated to be due in respect of a Work Order dated 24.12.2013 issued by the Hailakandi Municipal Board. 5. The reasons for non-appearance on behalf of the applicant-writ petitioner have been delineated in paragraph 3 of the application. Though the explanation offered by the applicant-writ petitioner is not suggestive of due diligence on the part of the applicant-writ petitioner during the period of dismissal of the writ Page No.# 3/3 petition on 03.04.2025 due to non-prosecution till the filing of the instant Misc. application, but, considering the stake of the applicant-writ petitioner involved in the connected writ petition, the instant Misc. application is allowed, for ends of justice, subject of deposit of an amount of Rs. 5,000/- before the Registry of this Court. 6. The petition, W.P.[C] no. 6790/2014 is to be restored with the original number upon deposit of the afore-stated amount before the Registry within a period of 2 [two] weeks from today and upon deposit of the said amount, the Registry shall deposit the same amount in favour of the Gauhati High Court Legal Services Committee. JUDGE Comparing Assistant