Allowed

Rabiur Rahman v. Union of India and 2 Ors.

Gauhati HC2 Mar 2021I.A.(Civil)/143/2021

Case brief

AI extract

What is this about?

The Gauhati High Court recalled an order closing a writ petition due to petitioner's non-appearance. The court accepted that the closure occurred without notice to the Principal of the Kendriya Vidyalaya and noted pandemic-related disruptions as valid grounds, allowing the interlocutory application and restoring the petition.

What did the court decide?

Recalled the order dated 04.03.2020 closing WP(C) No.6993/2019 and restored the writ petition to file.

Rabiur Rahman Vs Union of India and 2 Ors. — Civil Procedure and Limitation | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010009592021

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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)/143/2021

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RABIUR RAHMAN

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S/O. REJAUR RAHMAN, PERMANENT R/O. UTTARPARA, MASUNDI, P.O. MASUNDI, P.S. BHARATPUR, DIST. MURSHIDABAD, WEST BANGAL742301 AND PRESENTLY RESIDING AT SANTIPUR, GOLAGHAT, P.O. AND DIST. GOLAGHAT, ASSAM, PIN-785621

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VERSUS

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UNION OF INDIA AND 2 ORS.

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REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF EDUCATION (ERSTWHILE MINISTRY OF HUMAN RESOURCE DEVELOPMENT), NEW DELHI-110001

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2:THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE AT SHILPOGRAM ROAD NEAR SANKAR DEV KALASHETRA PANJABARI PO PANJABARI GUWAHATI ASSAM PIN-781037

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3:THE PRINCIPAL VIVEKANANDA KENDRIYA VIDYALAYA MISSION ROAD P.O. GOLAGHAT PS. GOLAGAHT ASSAM PIN-78562

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Advocate for the Petitioner : MR. N Z AHMED

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Page No.# 2/2

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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02.03.2021

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Heard Ms. A Begum, learned counsel for the applicant/writ petitoner, Ms. R Bora, learned counsel for the respndent No.2 and Mr. A K Dutta, learned counsel for the Union of India.

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This interlocutory application is for recalling the order dated 04.03.2020 by which the WP(C) No.6993/2019 was closed for repeated non appearnce of the petitoner. As the writ petiton was closed without issuing notice to the respondent No.3, we are of the view thata this interlocutory application can be taken up without issuing notice to the respndent No.3 being the Principal of Vivekananda Kendriya Vidyalaya, Mission road, Golaghat.

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The learned counsel for the petitoner states that at the relevant point of time when the writ petiton was closed for non-prosecution, the Covid-19 pandemic was about to set in and there was a disruption in the activities on the part of the learned counsel.

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The reasons stated in the application is accepted. The order dated 04.03.2020 in WP(C) No.6993/2019 stands recalled and the WP(C) No.6993/2019 is restored to file.

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List the WP(C) No.6993/2019 as per the convenience of the Registry.

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Interlocutory application stands allowed as indicated above.

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JUDGE

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Comparing Assistant

Rabiur Rahman v. Union of India and 2 Ors.

Case brief

What is this about?

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Rabiur Rahman v. Union of India and 2 Ors.

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