Allowed

Sri Kamala Kanta Phukan @ Kamala Phukan v. the State of Assam and 5 Ors.

Gauhati HC11 May 2022I.A.(Civil)/3883/2019

Case brief

AI extract

What is this about?

In this interim application before the Gauhati High Court, the applicant sought condonation of a 979-day delay in preferring a writ appeal. The court allowed the application, noting that delay in a similar matter had previously been condoned in another writ appeal involving identical issues.

What did the court decide?

Condonation of delay of 979 days in preferring the connected writ appeal allowed. I.A. stands allowed.

Sri Kamala Kanta Phukan @ Kamala… — Constitutional and Fundamental Rights | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010078422019

¶3

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

¶4

I.A.(Civil)/3883/2019

¶5

SRI KAMALA KANTA PHUKAN @ KAMALA PHUKAN S/O LATE PADMESWAR PHUKAN RESIDENT OF VILL PHUKAN GAON P.O. AND P.S. GHILAMARA DIST. LAKHIMPUR ASSAM PIN 787053.

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE LAKHIMPUR DISTRICT LAKHIMPUR PIN 787001 4:THE HEADMASTER DAKHIN GHILAMARA HIGH SCHOOL P.O AND P.S. GHILAMARA DISTRICT LAKHIMPUR PIN 787058 5:SMTI INDRANI BARUAH

¶8

Page No.# 2/3

¶9

W/O MR. INDRESWAR GOGOI RESIDENT OF BHAKAT GAON P.O. AND P.S. GHILAMARA DISTRICT LAKHIMPUR PIN 787058 -----------Advocate for : MR. S K SINGHA Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 5 ORS

¶10

BEFORE

¶11

HON’BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE SOUMITRA SAIKIA order

¶12

11-05-2022

¶13

[N. Kotiswar Singh, CJ (Acting)]

¶14

Heard Mr. B. Chakraborty, learned counsel for the applicant. Also heard Ms. P. Chakraborty, learned Standing Counsel, Secondary Education Department, appearing for respondent nos. 1 to 4 and Mr. R. Hazarika, learned counsel for the respondent nos. 5 & 6.

¶15

By filing this application the applicant seeks condonation of delay of 979 days in preferring the connected writ appeal against the order dated 31.10.2016 passed by the learned Single Judge in WP(C) No.513/2015.

¶16

It has been submitted by Mr. B. Chakraborty that similar issue has been raised in W.A. No.4860/2019 and this Court vide order dated 16.09.2019 passed in I.A. (Civil) No.2462/2019 had condoned the delay of 470 days in preferring W.A. No.4860/2019 and admitted the same. Accordingly, Mr. B. Chakraborty prays to consider this application also as the present case and W.A. No.4860/2019 involve similar issues.

¶17

Counsel for the respondents have not disputed the fact that similar issues are involved in both the writ appeal sought to be filed and in WA No.4860/2019.

¶18

Page No.# 3/3

¶19

In view of the above and after hearing the learned counsel for the parties, the delay of 979 days in preferring the appeal is condnoed.

¶20

I.A. stands allowed.

¶21

JUDGE CHIEF JUSTICE (ACTING)

¶22

Comparing Assistant

Sri Kamala Kanta Phukan @ Kamala Phukan v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Sri Kamala Kanta Phukan @ Kamala Phukan v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sanjib Kumar Barua Vs Pallav Gopal Jha

Saleha Bibi Vs the Union of India and 7 Ors.

Dr. Gaurav Kumar Gupta Vs the State of Assam and 3 Ors.