Md. Abdush Samad v. The State of Assam and 7 Ors

ORDER 04-12-2024 In view of the order passed today in IA(C) 409/2024, application for restoration is taken up for consideration. Heard Mr. J. Kalita, learned counsel for the applicant, who submits that due to certain mis-communication between the applicant and his appointed counsel, the applicant remain unrepresented when the matter was listed on 19.02.2020. Therefore, the writ petition came to be dismissed for default. The learned counsel submits that the applicant has a good case on merit and if the writ petition is not restored, he is bound to suffer irreparable loss and hardship. Page No.# 3/3 Mr. G. Bordoloi, learned Standing Counsel, Cooperation Department fairly submits that he has no objection if the writ petition is restored. He however submits that the writ petition may be considered on merit. In view of above and upon hearing the learned counsel for the parties and on perusal of the application the order dated 19.02.2020 is hereby recalled. The writ petition shall stand restored to file. Accordingly Misc. case stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010002722024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o LinkedoCaseo:oMC/6/2024 MD.oABDUSHoSAMAD S/O.oLT.oNASIRUDDINoAHMED oR/O.oVILL.-oRAJNAGAR oWARDoNO.o11 oP.O.-NALBARIoKAJIPARA oDIST.-oNALBARI oPIN-781335. oVERSUS THEoSTATEoOFoASSAMoANDo7oORS REPRESENTEDoBYoTHEoCOMMISSIONERoandoSECRETARY oCO-OPERATIVEoDEPARTMENT oDISPUR oGHY-781006. 2:REGISTRAR CO-OPERATIVEoSOCIETIESoSAMABAYoBHAWAN oKHANAPARAoHEADoOFFICE oGHY-781006. o2.1:ADDL.oREGISTRARoOFoTHEoCOOPERATIVEoSOCIETIESo(GENERAL) oASSAM KHANAPARA oGUWAHATI-781022 o3:DIST.oDYoREGISTRAR CO-OPERATIVEoSOCIETIES oNALBARI oGOPALoBAZAR oNALBARI. o4:ASSTT.oREGISTRAR Page No.# 2/3 CO-OPERATIVE SOCIETIES NALBARI NEAR HAJO BUS STAND. 5:THE SUB-REGISTRAR CO-OPERATIVE SOCIETIES AUDIT NALBARI CUM ASSTT. PUBLIC INFORMATION OFFICER NALBARI GOPAL BAZAR NALBARI ASSAM. 6:DIST. LEVEL COMMITTEE NALBARI REP. BY THE DY. COMMISSIONER NALBARI. 7:THE DY. COMMISSIONER NALBARI. ------------ Advocate for : MR. J KALITA Advocate for : SC CO OP appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE NELSON SAILO