Gauhati High Court
I.A.(Civil)/4044/2025 of DILIP BARUAH ALIAS DILIP KUMAR BARUAH Vs THE STATE OF ASSAM AND 8 ORS on 5 March 2026
GAHC010272882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4044/2025 DILIP BARUAH ALIAS DILIP KUMAR BARUAH S/O LATE LALIT CH. SHARMA BARUAH, R/O VILL .MILANPUR, WARD NO. 6, P.O. AND P.S. BISWANATH CHARIALI, DIST.
GAHC010272882025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/4044/2025
DILIP BARUAH ALIAS DILIP KUMAR BARUAH
S/O LATE LALIT CH. SHARMA BARUAH, R/O VILL .MILANPUR, WARD NO.
6, P.O. AND P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM, 784176
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY HE SECY. TO THE GOVT. OF ASSAM, CO OPERATIVE
DEPTT., 2ND FLOOR, E BLOCK, JANATA BHAWAN, DISPUR, GUWAHATI, DIST. KAMRUP (M), ASSAM.
2:THE REGISTRAR OF CO OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI
ASSAM 781022
3:THE ZONAL JOINT REGISTRAR OF CO OPERATIVE SOCIETIES
TEZPUR ZONE
P.O. AND P.S. TEZPUR
DIST. SONITPUR
ASSAM 784001
4:THE DIST. BY REGISTRAR
CO OPERATIVE SOCIETIES
TEZPUR
P.O. AND P.S. TEZPUR
DIST. SONITPUR
ASSAM
784001
5:THE ASSTT. REGISTRAR
CO OPERATIVE SOCIETIES
BISWANATH CHARIALI
DIST. BISWANATH
ASSAM 784176
6:THE DY. COMMISSIONER
TEZPUR
P.O. AND P.S. TEZPUR
DIST. SONITPUR
ASSAM 784001
7:BINAPANI CO OPERATIVE STORES LTD.
REPRESENTED BY ITS PRESIDENT
A BODY CONSTITUTED UNDER THE ASSAM CO OPERATIVE SOCIETIES
ACT 1949
HAVING ITS CORPORATE OFFICE AT BISWANATH CHARIALI AND A
LOCAL HEAD OFFICE AT NH 15
BISWANATH CHARIALI
DIST. BISWANATH
ASSAM 784176
8:THE MANAGING SECRETARY
BINAPANI CO OPERATIVE STORES LTD. NH 15
BISWANATH CHARIALI
DIST. BISWANATH
ASSAM 784176
9:BIPUL BARUAH
S/O LATE LALIT CH. SHARMA BARUAH
R/O VILL. MILANPUR
DIST. BISWANATH
ASSAM 78417
Advocate for the Petitioner : MR S BORTHAKUR, SK ABDULLAH,MR. J ABBAS
Advocate for the Respondent : SC, CO OP,
Page No.# 3/6
Linked Case : CRP/0/0
DILIP BARUAH ALIAS DILIP KUMAR BARUAH
S/O- LATE LALIT CHANDRA SHARMA BARUAH
R/O- VILL.- MILANPUR
DIST. SONITPUR
ASSAM
PIN- 784176.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
CO-OP. DEPARTMENT
2ND FLOOR
E-BLOCK
JANATA BHAWAN
DISPUR
GUWAHATI
DIST. KAMRUPM
ASSAM
PIN- 781006.
2:THE REGISTRAR OF CO OPERATIVE SOCIETIES ASSAM
KHANAPARA GUWAHATI ASSAM 781022
3:THE ZONAL REGISTRAR OF CO OPERATIVE SOCIETIES
TEZPUR ZONE
P.O. AND P.S. TEZPUR
DIST. SONITPUR
ASSAM
PIN- 784001.
4:THE DISTRICT DY REGISTRAR
CO-OP. SOCIETIES
TEZPUR
DIST. SONITPUR
ASSAM
PIN- 784001.
5:THE ASSTT REGISTRAR
CO-OPERATIVE SOCIETIES BISWANATH CHARIALI
DIST. SONITPUR
ASSAM
PIN- 784176
6:THE DY COMMISSIONER TEZPUR
DIST. SONITPUR
ASSAM
PIN- 784001.7 BINAPANI CO-OP STORES LTD.
7:BINAPANI CO OPERATIVE STORES LTD
REPRESENTED BY ITS PRESIDENT
A BODY CONSTITUTED UNDER THE ASSAM CO-OPERATIVE SOCIETIES
ACT
1949
HAVING ITS CORPORATE OFFICE AT BISWANATH CHARIALI AND A LOCAL
HEAD OFFICE AT NH-15
BISWANATH CHARIALI
DIST. SONITPUR
ASSAM
PIN- 784176.
8:THE MANAGING SECRETARY
BINAPANI CO-OP STORES LTD.
AT NH-15
BISWANATH CHARIALI
DIST. SONITPUR
ASSAM
PIN- 784176.
9:BIPUL BARUAH
S/O- LATE LALIT CH. SHARMA BARUAH
R/O- VILL.- MILANPUR
DIST. SONITPUR
ASSAM
PIN- 784176.
------------
Advocate for : MR PARAM HANGKHA KONWAR
Advocate for : appearing for THE STATE OF ASSAM AND ORS
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 06/03/2026
Page No.# 5/6 (Michael Zothankhuma, J)
1. Heard Mr. J. Abbas, learned counsel for the applicant, who submits that there is a delay of 40 days in preferring the appeal against the order dated 21/08/2025 passed in WP(C) 1956/2023.
2. Office note dated 02/03/2026 states that there is no return of AD Card or unserved notice from the respondent nos. 7 to 9, who had been issued notices on 30/01/2026.
3. The grounds for the delay in filing the appeal, as provided in the application is that the applicant is an elderly man of over 70 years of age. He is having multiple health issues like cardiac disease, hypertension and hyperglycemia, due to which he could not travel to Guwahati after passing of the impugned order dated 21/08/2025. Further, due to his health problem, the petitioner could not arrange for fees earlier. After recovering from some of his ailments, the petitioner arranged fees for filing the writ appeal and travelled to Guwahati on 25/10/2025 to engage an Advocate. Finally, the appeal could be filed on 31/10/2025. As such, there was a delay of 40 days.
4. The applicant’s case is that there was no intention or deliberate delay in filing the appeal.
5. Mr. G. Bordoloi, learned Standing Counsel, Cooperation Department, Assam, appearing for the respondent nos. 1 to 5 submits that he has got no objection to the delay being condoned.
6. On considering the grounds for the delay taken by the applicant in his application, we are of the view that the illness of the over 70 years old applicant is believable. Accordingly, we find that sufficient cause for the delay is made out. The delay of 40 days is hereby condoned.
7. IA is accordingly disposed of.
8. Registry to Register the appeal.
JUDGE JUDGE Comparing Assistant