The Gauhati High Court allowed an interlocutory application seeking condonation of a 35-day delay in preferring a connected writ appeal against a single bench judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010123112023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1687/2023
NAZRUL ISLAM AND 4 ORS.
S/O LT. MOHIBUR RAHMAN, VILL. EST. KANSHIL, P.O. KANSHIL, P.S. KARIMGANJ, DIST. KARIMGANJ (ASSAM), PIN 788711
2: NOOR UDDIN S/O LT. SHAID ALI VILL. KURTI P.O. KATALTALI, P.S. BAZRICHERR, DIST. KARIMGANJ ASSAM, PIN 788725.
3: HALIMA KHATUN W/O MD. LUQUMAN AHMED VIL. BINODINI P.O. ERALIGOOL. P.S. NILAMBAZAR, DIST. KARIMGANJ, ASSAM, PIN 788723
4: ARIFA HUSSAIN CHOUDHURY W/O SAMSUL HOQUE VILL. CHANDSRIKUNA P.O. TITABAR, P.S. KARIMGANJ DIST. KARIMGANJ, ASSAM, PIN788709.
5: ABDUR REJAQUE LASKAR S/O LT. ASAB ALI LASKAR VILL. NORTH NARAINPUR P.S. ALGAPUR, DIST. HAILAKANDI ASSAM, PIN 78880
VERSUS
THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY), DISPUR, GUWAHATI 6
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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT., DISPUR GUWAHATI 6.
3:THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM KAHILIPARA, GUWAHATI 19.
4:THE DIST. ELEMENTARY EDUCATION OFFICER, KARIMGANJ DIST. KARIMGANJ, ASSAM, PIN 788725.
5:THE DIST. ELEMENTARY EDUCATION OFFICER, HAILAKANDI DIST. HAILAKANDI, ASSAM, PIN 78880.
For the Applicant(s) : Mr. R. Islam, Advocate.
Ms. N. Chakraborty, Advocate.
Ms. S. Paul, Advocate.
For the Respondent(s) : Ms. K. Das, Standing Counsel, Education Department for respondent Nos.1, 3, 4 and 5.
Mr. R. Borpujari, Standing Counsel, Finance Department for respondent No.2.
– B E F O R E –
HON’BLE THE CHIEF JUSTICE
HON’BLE MRS. JUSTICE MITALI THAKURIA
19.06.2023
Heard learned counsel for the parties.
Perused the material available on record.
The instant Interlocutory Application has been filed seeking condonation of delay of 35 days occasioned in preferring the connected writ appeal against the judgment and order dated 31.03.2023 passed by the learned Single Bench in W.P.(C ) No.6377/2021 and other batch of writ petitions.
It has been submitted that the other identical writ appeals have been
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admitted.
Learned counsel for the respondents do not object to the prayer for condonation of delay. Otherwise also the grounds set up in the application for condonation of delay appear to be germane. Hence, the application is allowed and delay is condoned.
Registry shall number the connected writ appeal and list the same along with WA No.156/2023 before the Special Bench constituted for hearing the matters arising out of the issue of provincialisation.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether delay of 35 days in preferring the connected writ appeal be condoned.
Nazrul Islam And 4 Ors.
The State of Assam
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
