Gauhati High Court
I.A.(Civil)/3194/2026 of MRIDUL DEV ADHIKARY Vs THE STATE OF ASSAM AND 4 ORS. on 15 September 2026
GAHC010186452026 2026:GAU- AS:13694-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3194/2026 MRIDUL DEV ADHIKARY S/O LATE MUKUNDA MOHAN ADHIKARY, BISHNU NAGAR, H. NO. 39, HARICHARAN DAS PATH, LOKHRA ROAD, LOKHRA, GUWAHATI,
GAHC010186452026
2026:GAU-
AS:13694-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3194/2026
MRIDUL DEV ADHIKARY
S/O LATE MUKUNDA MOHAN ADHIKARY, BISHNU NAGAR, H. NO. 39, HARICHARAN DAS PATH, LOKHRA ROAD, LOKHRA, GUWAHATI, DISTRICT- KAMRUP (M), ASSAM, PIN -781040
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT
OF FOREST AND ENVIRONMENT, DISPUR, GUWAHATI -781005
2:THE CHAIRMAN
POLLUTION CONTROL BOARD
BAMUNIMAIDAM
GUWAHATI - 781021.
3:THE MEMBER SECRETARY
POLLUTION CONTROL BOARD
BAMUNIMAIDAM
GUWAHATI - 781021.
4:UNIVERSITY GRANTS COMMISSION
DISTANCE EDUCATION BUREAU
35 - FEROZE SHAH ROAD
NEW DELHI - 110001.
5:MANOJ SAIKIA
S/O REBA KANTA SAIKIA
SANKAR HOUSING COMPLEX SHANTI NIWAS
BLOCK NO. 1
FIRST FLOOR
NORTH JALUKBARI
GUWAHATI-781014
DISTRICT- KAMRUP (M)
ASSA
Advocate for the Petitioner : MS. M DEV, MS N DEB,MS P DEB
Advocate for the Respondent : SC, FOREST, SC, U G C,SC, P C B A
BEFORE
HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
16-09-2026 (Arun Dev Choudhury, J)
1. We have heard Ms. M. Dev, learned counsel, for the applicant/appellant. Also heard Mr. S. Baruah, learned Standing counsel, Pollution Control Board; Mr. D. Gogoi, learned Standing counsel, Forest Department and Mr. A. Samua, learned Standing counsel, University Grants Commission appearing for the respondents/opposite parties.
2. The present Interlocutory Application has been filed by the applicant/appellant seeking condonation of the delay of 480 days in preferring the connected writ appeal against the Judgment and Order dated 03.04.2025, passed by the learned Single Judge in WP(C) No.5049/2022.
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/appellant has sufficiently explained the reasons of delay and has been able to substantiate that the reason beyond his control. We do not see any negligence, lack of bona-fide or inaction on the part of the applicant/appellant.
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 him, 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 18.11.2026 under the appropriate heading.
JUDGE CHIEF JUSTICE Comparing Assistant