Allowed

Eusof Ali and 3 Ors. v. the State of Assam and 4 Ors.

Gauhati HC24 Feb 2020I.A.(Civil)/295/2020

Case brief

AI extract

What is this about?

Application filed for correction of typographical errors in the name and village of a petitioner in a pending writ petition, resulting in extension of time for compliance of the main order.

What did the court decide?

Correction of the name and village of Petitioner No.2 in the writ petition; extension of time for compliance of the order in the main writ petition by three months.

Eusof Ali and 3 Ors. Vs the State of Assam… — Civil Procedure and Limitation | Gauhati HC (2020)

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GAHC010019272020

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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) 295/2020 in WP(C) 7224/2018

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1:EUSOF ALI AND 3 ORS.

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S/O- AYUB ALI, R/O- UDMARI, P.O. SINGARI, P.S. JURIA, DIST.- NAGAON, ASSAM

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2: MD. IUNUSH ALI S/O LATE HAZARAT ALI RESIDENT OF VILLAGE BYASKUCHI P.O. BYASKUCHI P.S. SARTHEBARI IN THE DISTRICT OF BARPETA ASSAM PIN- 781307.

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3: AJIT DUTTA S/O LATE HARAKANTA DUTTA RESIDENT OF VILLAGE AND P.O. PANBARI P.S. NARAYANPUR IN THE DISTRICT OF LAKHIMPUR ASSAM PIN- 784164.

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4: RASHMI REKHA DEVI W/O SHRI UTPAL KUMAR MISHRA BIRUBARI GUWAHATI- 781016 HOUSE NO. 46

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. 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 NAGAON DISTRICT CIRCLE NAGAON ASSAM.

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4:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM.

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5:THE INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE LAKHIMPUR ASSAM

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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, learned standing counsel, Secondary Education Department.

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2. The present application is filed for correction of the name and village of the petitioner No.2 in the WP(C) No.7224/2018, 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

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Page No.# 3/3

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passed in WP(C) No.7224/2018.

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3. It has been stated that the correct name of the petitioner No.2 is “Iunush Ali” instead of “Iunish Ali” and the correct village of the petitioner No.2 is “Byaskuchi” instead of “Boisakuchi” 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 name and village of the petitioner No.2, as mentioned above.

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7. Since, in the order dated 04.09.2019 passed by this Court in WP(C) No.7224/2018 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 petitioner, the time granted for complying the direction in the order dated 04.09.2019 in WP(C) No.7224/2018 will stand further extended by a period of 3(three) months in respect of the aforesaid applicant No.2/petitioner No.2, for which the applicants shall submit a certified copy of this order to the authorities concerned.

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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

Eusof Ali and 3 Ors. v. the State of Assam and 4 Ors.

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Eusof Ali and 3 Ors. v. the State of Assam and 4 Ors.

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