I.A.(Civil)/1919/2026 of RAFIQUL ISLAM Vs THE STATE OF ASSAM AND 5 ORS. on 29 September 2026

GAHC010098002026

2026:GAU-AS:14629-DB

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1919/2026 RAFIQUL ISLAM SON OF- AKKAS ALI, R/O-KALIADINGA PAM P.O.- KALIADINGA DISTRICT- NAGAON, ASSAM PIN-782124 VERSUS THE STATE OF ASSAM AND 5 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT, ASSAM, DISPUR, GUWAHATI06 2:THE DIRECTOR OF LAND RECORD ASSAM RUPNAGAR GUWAHATI 781032 3:THE SELECTION BOARD TO BE REPRESENTED BY THE CHAIRMAN CUM-DEPUTY COMMISSIONER NAGAON ASSAM 782001 4:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) NAGAON ASSAM 782001 5:THE CIRCLE OFFICER RUPAHI REVENUE CIRCLE SAMAGURI

NAGAON ASSAM 782125 6:SHAHAB UDDIN CHOUDHURY S/O-HAJI MD ALTAB ALI CHOUDHURY VILL.-LALIADINGA PAM P.O.-KALIADINGA DIST.-NAGAON ASSAM 7821 For the Applicant(s) : Mr. N. Z. Choudhury, Advocate. Mr. N. A. Mazarbhuiya, Advocate.

For the Respondent(s) : Mr. S. Dutta, Standing Counsel, Revenue Department for 1 & 2. : Ms. M. Bhattacharjee, Additional Senior Government Advocate for 3, 4 & 5. : Ms. S. K. Nargis, Advocate for 6.

-BEFORE- HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

30.09.2026 (K. Goswami, J)

Heard Mr. N. Z. Choudhury, learned counsel and Mr. N. A. Mazarbhuiya, learned Advocate for the applicant; Ms. S. Dutta, learned Standing Counsel, Revenue Department for respondent Nos.1 & 2; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for respondent Nos. 3, 4 and 5, and Ms. S. K. Nargis, learned counsel for respondent No. 6.

2. By way of this interlocutory application filed under Section 5 of the Limitation Act, 1963 the applicant seeks condonation of the delay of 35 days in preferring the connected appeal against the judgment and order dated 07.03.2026 passed by a learned Single Judge of this Court in

WP(C) No.3655/2025.

3. The grounds for delay, as stated in the interlocutory application, are that the impugned order was passed on 07.03.2026, the certified copy was delivered on 17.03.2026 and received by the applicant through his then-engaged counsel on 25.03.2026. Though the applicant decided to challenge the order, financial constraints prevented him from immediately engaging new counsel. After arranging the requisite resources, he came to Guwahati on 08.04.2026, but was advised to approach after the ensuing Bihu vacation. In the meantime, his aged father’s health deteriorated considerably, requiring his attention and care. Upon his father’s condition improving towards the end of April, the applicant returned to Guwahati in the first week of May, engaged the present counsel, and preferred the appeal on 13.05.2026. It was accordingly contended that the delay was neither intentional nor deliberate.

4. Having heard the learned counsel for the parties and considering the averments in the application, we are satisfied that the applicant has sufficiently explained the delay. The chronology of events discloses sufficient cause, and there is nothing to suggest that the delay was deliberate, mala fide, or due to gross negligence.

5. That being so, the delay of 35 (thirty-five) days in filing the connected appeal is hereby condoned.

6. The interlocutory application stands allowed and disposed off.

7. Registry to process the connected appeal and list the same on 10.12.2026 under the appropriate heading.

JUDGE CHIEF JUSTICE Comparing Assistant