Disposed

Sarat Chandra Sarmah and 4 Ors. v. the State of Assam and 4 Ors.

Gauhati HC24 Feb 2020I.A.(Civil)/284/2020

Case brief

AI extract

What is this about?

In an IA filed in a previous writ petition, the Court considered a request to correct typographical errors in party names and district details. Accepting that the errors were inadvertent, the Court directed necessary corrections and granted a three-month extension for compliance to the affected parties.

What did the court decide?

Correction of names of Petitioners 2 and 3 and district of Petitioner 5 was directed; compliance time extended by three months.

Sarat Chandra Sarmah and 4 Ors. Vs the State… — Civil Procedure and Limitation | Gauhati HC (2020)

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Page No.# 1/4

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GAHC010019302020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 284/2020 in WP(C) 7842/2018

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1:SARAT CHANDRA SARMAH AND 4 ORS.

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S/O SRI NARAYAN CHANDRA SARMAH, R/O VILL-KEHERA, P.O.DHEKIAPARA, P.S.-SIPAJHAR, DIST-DARRANG, ASSAM, PIN-784145

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2: NALINI RANJAN RAY PROBHAT CHANDRA RAY R/O VILL-SOULMARI PART-II P.O.-KACHARIHAT P.S.-DHUBRI DIST-DHUBRI ASSAM PIN-783127

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3: RATNESWAR CHANDRA ROY S/O LATE HAREKANTA ROY R/O VILL-BERBHANGI PART-II P.O.-DIMAKURI P.S.-GOLAKGANJ DIST-DHUBRI ASSAM PIN-783153

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4: MS DEIJI PRIYADARSHINI SARMA D/O BHAIRAB CHANDRA SARMAH R/O VILL AND P.O.-BYASPARA P.S.-SIPAJHAR DIST-DARRANG ASSAM PIN-784145

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5: MD. RAFIK HUSSAIN

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Page No.# 2/4

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S/O LATE AZIM ALI R/O BARKHETRI BARNI P.O.-BONAGRAM (CHOWK) P.S.-BELSOR DIST-BAKSA ASSAM PIN-78130

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM

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4:THE INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE LAKHIMPUR ASSA

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Advocate for the Petitioner : MR. R C SAIKIA

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE

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HON'BLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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24.02.2020

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Heard Mr. S. Das, learned counsel for the applicants. Also heard Mr. R. Mazumdar,

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learned standing counsel, Secondary Education Department.

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Page No.# 3/4

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2. The present application is filed for correction of the names of the petitioner Nos.2 and 3 and also the district in respect of petitioner No.5 in the WP(C) No.7842/2018, which had occurred at the time of filing the writ petition due to inadvertent mistakes as well as necessary corrections in the order dated 04.09.2019 passed in WP(C) No.7842/2018.

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3. It has been stated that the correct name of the petitioner No.2 is “Nalini Ranjan Ray” instead of “Nalani Ranjan Ray”. Similarly, in respect of petitioner No.3, the correct name is “Ratneswar Chandra Roy” instead of “Ratneswar Choudhury Roy” and the correct district of the petitioner No.5 is “Baksa” instead of “Nalbari” as shown in the writ petition.

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4. It has been submitted that the aforesaid corrections will not change the character of the order passed by this Court.

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5. This Court having heard the submission made by the learned counsel for the applicants is of the opinion that the aforesaid mistakes are typographical error supported by affidavit and accepts the said plea.

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6. Accordingly, necessary correction be made in respect of the names of the petitioner No.2 and 3 and the district of the petitioner No.5, as mentioned above.

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7. Since, in the order dated 04.09.2019 passed by this Court in WP(C) No.7842/2018 there is a time frame given for compliance of the direction, Mr. Mazumdar, however, submits that because of the aforesaid corrections, which will be required to be made in respect of the aforesaid petitioners, the time granted for complying the direction in the order dated 04.09.2019 in WP(C) No.7842/2018 will stand further extended by a period of 3(three) months in respect of the aforesaid applicant Nos.2, 3 and 5/petitioner Nos.2, 3 and 5, for which the applicants shall submit a certified copy of this order to the authorities concerned.

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Page No.# 4/4

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8. I.A. stands disposed of.

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Sd/- N. Kotiswar Singh JUDGE

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Comparing Assistant

Sarat Chandra Sarmah and 4 Ors. v. the State of Assam and 4 Ors.

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Sarat Chandra Sarmah and 4 Ors. v. the State of Assam and 4 Ors.

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