Gauhati High Court
I.A.(Civil)/180/2025 of North East Frontier Railway and 4 Ors. Vs The State of Mizoram and 10 Ors. on 7 April 2026
GAHC030006942025 THE GAUHATI
GAHC030006942025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/180/2025
North East Frontier Railway and 4 Ors.
R/b the General Manager (Construction), Maligaon, Guwahati-781012
VERSUS
The State of Mizoram and 10 Ors.
R/b the Chief Secretary to the Govt. of Mizoram, Aizawl-796001
Advocate for the Petitioner : Mr. Sanjay Kumar Medhi Advocate for the Respondent : Addl. AG/GA, Mizoram for R1-R3
Linked Case : WA/14/2025
North East Frontier Railway and 4 Ors.
R/b the General Manager (Construction)
Maligaon
Guwahati-781012
2: The Financial Advisor and Chief Account Oficer North East Frontier Railway Maligaon Guwahati-781012
3: The Chief Engineer (Construction)
North East Frontier Railway
Maligaon
Guwahati-781012
4: The Deputy Chief Engineer/CON/L and A
North East Frontier Railway
Maligaon Guwahati-781012
5: The Deputy Chief Enginner/CON/Bhairabi-2
BHRB at SCL
N.F.Railway
Silchar
Assam-788003
VERSUS
The State of Mizoram and 10 Ors.
R/n the Chief Secretary to the Govt. of Mizoram Aizawl-796001
2:The Secretary to the Govt. of Mizoram
Land Revenue and Settlement Department
Aizawl-796001
3:The District Collector
Kolasib District
Kolasib-786081
4:Sh Lalengzama
S/o K.Thanpara
R/o Laipuitlang
Aizawl-796012
5:Smt Riamond Lalengmawii
W/o K.Zaithanvawra (L)
R/o Lalpuitlang
Aizawl-796012
6:Sh Lalrinhlua
S/o Lalhmingmawia
R/o Lalpuitlang
Aizawl-796012
7:Sh Lalhmingmawia
S/o K.Thanpara
R/o Lalpuitlang
Aizawl-796012
8:Smt C.Lalthiangi
D/o Lalhera (L)
R/o N.Bairabi
Kolasib District-796081
9:Smt Lalrindiki
D/o Lalhmingmawia
R/o Lalpuitlang
Aizawl-796012
10:Sh H.Thanchama
S/o K.Thanpara
R/o Lalpuitlang
Aizawl-796012
11:Smt Thangnghilhlovi
W/o K.Thanpara
R/o Lalpuitlang
Aizawl-796012
Advocate for the Petitioner : Mr. Sanjay Kumar Medhi Advocate for the Respondent : Addl. AG/GA
Mizoram for R1-R3
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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
08.04.2026 (Budi Habung, J)
Heard Mr. S.K. Medhi, learned counsel appearing for the applicants. Also heard Mrs. Linda L. Fambawl, learned Addl. Advocate General appearing for the State respondent Nos. 1 to 3.
2. None appears on behalf of the private respondent Nos. 4 to 11, although notice was served upon them by way of newspaper publication.
3. This is an application filed under Section 5 of the Indian Limitation Act, 1963 for condonation of delay of 1523 days in preferring the connected writ appeal.
4. The grounds for delay in filing the connected appeal has been explained in paragraph 3 of the condonation application wherein it is stated that the reason for delay is that no counsel representing the railway was present on the date of passing the impugned Order dated 13.08.2021 before the Hon’ble High Court. The applicants came to know about the impugned order only when the District Collector, Kolasib sent the letter of assessment. Thereafter, the process for filing appeal took some time. Thus, in the process there has been delay which was not intentional.
5. Upon perusal of the grounds stated in the aforestated paragraph, we are satisfied that the applicants were prevented by a sufficient cause for not preferring the connected appeal within the stipulated time. Moreover, the learned Addl. Advocate General appearing on behalf of the respondent Nos. 1 to 3 has no objection for condoning the delay.
6. Further, the private respondent Nos. 4 to 11 despite of receipt of the notice have not appeared which indicates that they have also no objection in condoning the delay.
7. In view of the above, the delay of 1523 days in preferring the connected appeal is hereby condoned.
8. With the above, the I.A. stands disposed of.
9. The Registry shall list the connected writ appeal for Admission after two (2) weeks.
JUDGE JUDGE Comparing Assistant