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2026 DAILYLAW 6915 (GAU)

SMTI CHANDANA SONOWAL v. THE STATE OF ASSAM

MC/31/2026 · 2026-05-26

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010097072026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/31/2026 SMTI CHANDANA SONOWAL WIFE OF SRI MANOJ PHUKAN,RESIDENT OF HATIGAON, LAKHIMI NAGAR, P.O. P.S. HATIGAON, GUWAHATI 781038,DISTRICT KAMRUP M, ASSAM 2: JYOTI CHARAN NATH S/O- LATE BAGIRAM NATH VILL- BHAMARAGURI P.S.- BATADRABA DIST.- NAGAON ASSAM PIN- 782122. 3: KUSH RAM MEDHI S/O- BABI RAM MEDHI VILL- HELENDONGBORI P.S.- MIKIRBHETA DIST.- MORIGAON ASSAM PIN- 782106. 4: KRISHNA MURTY PHUKAN D/O- LATE GOPAL CHANDRA PHUKAN VILL.- WARD NO. II BARNASATRA Page No.# 2/4 P.S. AND DIST.- MORIGAON ASSAM PIN- 782105. 5: REBA KANTA GOGOI S/O- LATE GHANASHYAM GOGOI VILL- KACHU PATHER GAON P.O.- MORANJAN DIST.- SIVASAGAR ASSAM PIN- 785673 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, W.P.T. AND B.C. DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM W.P.T. AND B.C. DEPARTMENT DISPUR GUWAHATI- 781006. 3:ASSAM PLAIN TRIBES DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR G.S. ROAD P.O.- DISPUR GANESHGURI GUWAHATI ASSAM PIN- 781006 Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate), MR. K M MAHANTA,MS. D SARMAH,MR S GAUTAM,MS N BEGUM Advocate for the Respondent : SC, WPT AND BC, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 27.05.2026 Heard Mr. S Gautam, learned counsel for the applicants/petitioners. Also heard Mr. R Dhar, learned Standing Counsel, WPT & BC and Mr. L Sangtam, learned counsel for the respondent no.3. 2. This Interlocutory Application has been filed seeking recall of the order dated 29.04.2026 whereby the writ petition being WP(C) No.2259/ 2024 stood dismissed for non-prosecution. Learned counsel for the applicants/petitioners submits that on 29.04.2026 when the order was passed, the city was reeling under the heavy flood caused due to the heavy rainfall. In this connection he has enclosed the copies of the news report in the Interlocutory Application. He further submits that the order sought to be recalled contains an observation that the petitioner has not filed the amended cause title for more than two years. In this context it is submitted that the same is incorrect as the amended cause-title was filed before the Court on 27.04.2026 and is shown to be filed on 28.04.2026. 3. Under such circumstances, learned counsel for the applicants/petitioners submits that the issues involved in the writ petition pertain to the claim of pay Page No.# 4/4 parity and that the cause still survives. However, for the reasons urged in the Interlocutory Application, learned counsel for the petitioners could not appear before the Court and, as a consequence thereof, the writ petition came to be dismissed for non-prosecution on 29.04.2026. 4. Learned counsel for the opposite parties/respondents do not object to the submissions made by the learned counsel for the applicants/petitioners. 5. Under such circumstances, this Court is of the view that the Interlocutory Application should be allowed at this stage without issuing notice to the respondents. 6. Accordingly, the Interlocutory Application stands allowed and disposed of. 7. No prejudice will be caused to the respondents as they already represented in the writ petition. 8. Accordingly, the order dated 29.04.2026 stands recalled. Writ petition is restored to file. 9. Let WP(C) No.2559/2024 be listed in the month of July, 2026 on a date to be fixed by the Registry. JUDGE Comparing Assistant