Gauhati High Court
I.A.(Civil)/3278/2026 of PRAMOD CHANDRA KAKATI AND 9 ORS. Vs THE STATE OF ASSAM AND 12 ORS. on 15 September 2026
GAHC010199682026 2026:GAU- AS:13695-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3278/2026 PRAMOD CHANDRA KAKATI AND 9 ORS. S/O LATE BISHNU RAM KAKATI, R/O VILLAGE - ATKUPARA, P.O. AND P.S. - BOKO, DISTRICT - KAMRUP, PIN- 781123,
GAHC010199682026
2026:GAU-
AS:13695-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3278/2026
PRAMOD CHANDRA KAKATI AND 9 ORS.
S/O LATE BISHNU RAM KAKATI, R/O VILLAGE - ATKUPARA, P.O. AND P.S. - BOKO, DISTRICT - KAMRUP, PIN- 781123, ASSAM.
2: CHANDRADHAR RABHA
S/O LATE GHANASHYAM RABHA
R/O VILLAGE AND P.O. - RAJAPARA
P.S. - PALASBARI
DISTRICT - KAMRUP
PIN- 781120
ASSAM.
3: PULIN BIHARI OJHA
S/O LATE GANGADHAR OJHA
R/O VILLAGE AND P.O.- SUNDARIDIA
DISTRICT - BARPETA
PIN - 781314
ASSAM.
4: UDDHAB PATHAK
S/O LATE GOLOK PATHAK R/O VILLAGE AND P.O- BANGSHAR
P.S. - SUALKUCHI
DISTRICT - KAMRUP
PIN -781103
ASSAM.
5: BISHNU RAM DAS
S/O LATE DADHI RAM DAS R/O VILLAGE AND P.O. AND P.S. - HAJO
DISTRICT - KAMRUP
PIN -781102
ASSAM.
6: MD. ABDUR REZZAQUE
S/O LATE BOSIR SHEIKH
R/O VILLAGE - MANKASHAR BEPARI PARA
P.O. AND P.S. - MANKACHAR
DISTRICT- MANKACHAR
PIN - 783131
ASSAM.
7: REJINA BEGUM
D/O LATE JAFAR ALI
R/O VILLAGE - MURARA P.O. AND P.S. - RANGIA (WARD NO. 3)
DISTRICT - KAMRUP
PIN -781354
ASSAM.
8: LOHIT CHANDRA SALOI
S/O LATE CHANDI RAM SALOI
R/O VILLAGE- KEKENIKUCHI
P.S. - RANGIA
P.O.- MORANJANA
DISTRICT - KAMRUP
PIN -781 381
ASSAM.
9: SATYA NATH DEKA
S/O LATE GOPAL CHANDRA DEKA
R/O VILLAGE - NAMSALA
P.O. AND P.S. - SARTHEBARI
DISTRICT - BARPETA
PIN -781 307
ASSAM
10: HARE KRISHNA DAS
S/O LATE KASHI RAM DAS
R/O VILLAGE - KALBARI
P.O.- BHAWANIPUR
DISTRICT- BARPETA
PIN - 781352
ASSAM
VERSUS
THE STATE OF ASSAM AND 12 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI- 781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PUBLIC WORKS DEPARTMENT (ROADS/BUILDING)
DISPUR
GUWAHATI- 6.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PENSION AND PUBLIC GRIEVANCE DEPARTMENT
DISPUR
GUWAHATI-6.
5:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI - 29.
6:THE EXECUTIVE ENGINEER
PWD
GUWAHATI
ROADS DIVISION
GUWAHATI-1.
7:THE ASSISTANT EXECUTIVE ENGINEER
PWD
PALASHBARI TERRITORIAL ROAD SUB-DIVISION
MIRZA.
8:THE EXECUTIVE ENGINEER
PWD
BORDER ROAD CONSTRUCTION DIVISION
MANKACHAR
ASSAM.
9:THE EXECUTIVE ENGINEER
PWD
BADARPUR B.R.C DIVISION
BADARPUR.
10:THE EXECUTIVE ENGINEER
RANGIA ROAD DIVISION
RANGIA.
11:THE ASSISTANT EXECUTIVE ENGINEER
PWD
HAJO RURAL ROAD DIVISION
HAJO.
12:THE ASSISTANT EXECUTIVE ENGINEER
PWD
GUWAHATI EAST ROAD SUB-DIVISION
GUWAHATI.
13:THE ASSISTANT EXECUTIVE ENGINEER
PWD
GUWAHATI WEST ROAD SUB-DIVISION
GUWAHAT
Advocate for the Petitioner : MR P K GOSWAMI, J BAISHYA,MR. A DAS,MR. M DAS
Advocate for the Respondent : GA, ASSAM, SC, PWD,SC, FINANCE,SC, AG
BEFORE
HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
16.09.2026 (A.D. Choudhury, J)
1. We have heard Mr. P. K. Goswami, learned Senior Advocate assisted by Mr. A. Das, learned Advocate for the applicant(s). We have also heard Mr. R. K. Talukdar, learned Standing Counsel, Accountant
General (AG), representing the respondent No. 5 and Mr. D. Nath, learned Senior Government Advocate, Assam representing the State respondents.
2. The present Interlocutory Application has been filed by the applicant(s)/appellant(s) seeking condonation of the delay of 185 days in preferring the connected writ appeal against the Judgment and Order dated 30.01.2026, passed by learned Single Judge in WP(C) No.5328/2021.
3. Perused the averments made in the present application.
4. After going through the averments made in the application, we are satisfied that the applicant(s)/appellant(s) has sufficiently explained the reasons of delay and has been able to substantiate that the reason beyond its control. We do not see any negligence, lack of bona-fide or inaction on the part of the applicant(s)/appellant(s).
5. Thus, having considered the explanation tendered by the applicant/appellant, this Court is satisfied that the delay occasioned in preferring the connected writ appeal was neither deliberate nor actuated by negligence but resulted from bona-fide circumstances beyond the control of the applicant/appellant. In the absence of gross laches or mala-fide intention attributable to the applicant/appellant, this Court would lean in favour of the adjudication on merits.
6. Accordingly, in the interest of justice and having satisfied that the causes shown are sufficient to condone the delay, we deem it appropriate to condone the delay.
7. Accordingly, the instant Interlocutory Application stands disposed of.
8. Registry shall process the connected Writ Appeal and, if the same is found defect free, list it on 23.11.2026 under the appropriate heading.
JUDGE CHIEF JUSTICE Comparing Assistant