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2019 DIGILAW 1254 (GAU)

State of Assam v. Kokrajhar, Gossaigaon And Chirang District Relief Coordination Committee

2019-11-20

ACHINTYA MALLA BUJOR BARUA, AJAI LAMBA

body2019
JUDGMENT : Ajai Lamba, J. The application seeks condonation of delay of 384 days in filing Writ Appeal No.320 of 2018. The writ appeal is directed against decision dated 27th March, 2017 rendered in Writ Petition (C) No.4337 of 2016. 2. Learned counsel for the applicants/appellants contends that on a related issue, an appeal is pending adjudication, the same being Writ Appeal No.233 of 2018. Since the issue raised by virtue of the appeal under consideration would be the same, it would be in the interest of substantial justice to condone the delay and hear the appeal. It has further been pointed out that Writ Appeal No.233 of 2018, was also filed beyond the period of limitation by 297 days. After lengthy argument, the interlocutory application under Section 5 of the Limitation Act was allowed. The delay was condoned. The appeal has been admitted. 3. The facts, as narrated above, have not been disputed by the learned counsel for the non-applicants. Learned counsel for the non-applicants has taken a very fair stand that delay be condoned and let the appeal be heard. 4. In view of the above, we allow the interlocutory application. The delay in filing the appeal is hereby condoned.