Gauhati High Court
I.A.(Civil)/163/2026 of Union of India and 3 Ors. Vs Sh. Debabrata Das on 16 September 2026
GAHC030006352026 THE GAUHATI
GAHC030006352026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/163/2026
Union of India and 3 Ors.
Through the Home Secretary, North Block, New Delhi - 110001
VERSUS
Sh. Debabrata Das
S/o Sh Birendra Kumar Das, Resident of Ward No. 5 Kmeswar, Tangibari, North Tripura - 799 253 Currently at Sector Headzuarters, BSF, Aizawl, Mizoram - 796025
Advocate for the Petitioner : Ms Zairemsangpuii Advocate for the Respondent :
Linked Case : WP(C)/80/2026
Sh. Debabrata Das
S/o Sh. Birendra Kumar Das
Resident of Ward No - 5
Kameswar
Tangibari
North Tripura - 799253. Currently at - Sector Headquarters BSF
Aizawl
Mizoran
VERSUS
Union of India and 3 Ors.
Page 1 of 3
Through the Home Secretary
North Block
Delhi - 110001
2:Inspector General Mizoram and Cachar Frontier BSF
Masimpur
Silchar
Assam
3:Deputy Inspector General
Sector Headquarter
BSF
Aizawl
Mizoram
4:Commandant
191 BN
BSF
Aizawl
Mizoram
Advocate for the Petitioner : Ms. Lalrinawmi Chhakchhuak Advocate for the Respondent : Ms Zairemsangpuii CGC for R 1-4
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
JUDGEMENT
Date : 17.09.2026 Heard Ms. Zairemsangpuii, learned CGC for the applicant and Ms. L. Chhakchhuak, learned counsel for the respondent.
2. It is noticed that this interlocutory application is filed under Order XXXIX, Rule 4 read with Section 151 of the CPC for vacating the interim order dated 29.06.2026, passed in the connected WP(C) No. 80/2026.
3. In this regard, the Court is of the considered opinion that the nature
Page 2 of 3
of orders passed in a writ petition cannot be equated to an injunction order passed under Order XXXIX Rules 1 and 2 of the CPC.
4. Therefore, the learned CGC prays for and is permitted to withdraw this interlocutory application with liberty to file an appropriate interlocutory application.
5. Accordingly, this interlocutory application stands closed with liberty as prayed for.
JUDGE Comparing Assistant
Page 3 of 3
Loading citations and judicial treatment…