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

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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

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