STATE OF ASSAM Vs. JOYDEB BHATTACHARJEE

JUDGEMENT

(1.) This is an application presented by the appellants in Writ Appeal No. 165/97 seeking to condone the delay in presenting the appeal.

(2.) According to the office note there is a delay of 291 days in presenting the appeal. We have perused the causes shown in the application and also the objections presented on behalf of the respondents. On a perusal of the order made by the learned Single Judge in Civil Rule No .291/94 on 9th March, 1995, and the causes shown in the application presented by the appellants in this case, it will clearly go to show how the machinery of the Advocate- General's office and the concerned authorities of the Government dealing with this case, have been functioning,

(3.) At the outset it is seen that when the writ petition along with Civil Rule No, 289/94 and Civil Rule No.290/94 came up for consideration before the learned Single Judge of this Court, the Government permitted one gentleman, Mr, P.C. Gayan, as Government Advocate to appear for the respondents in the writ petitions. He did not choose to file a counter to controvert the allegation made in the writ petitions, nor has he chosen to consult the Government authorities as to what specific stand he must take to put forward his argument on behalf of the State Government. It is further very unfortunate that the learned Single Judge without applying his mind to the facts of the case including the questions of law involved, proceeded to act upon the submission made by the Government Advocate, Mr, P.C. Gayan, and issued a writ in favour of the writ petitioners.