Disposed
Ekta Shakti Foundation v. the State of Assam and Anr.
Gauhati HCI.A.(Civil)/3735/2022
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GAHC010253992022 THE GAUHATI HIGH COURT…
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GAHC010253992022 THE GAUHATI HIGH COURT…
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GAHC010253992022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3735/2022
EKTA SHAKTI FOUNDATION
REPRESENTED THROUGH ITS AUTHORIZED REPRESENTATIVE /PROJECT DIRECTOR, MR. ASHRAF JAMAL, A-1/172, 1ST FLOOR, OPP. METRO PILLAR NO. 614, JANAKPURI, NEW DELHI.
VERSUS
THE STATE OF ASSAM AND ANR.
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY DEPARTMENT), DISPUR, GUWAHATI.
2:THE OFFICE OF THE STATE NODAL OFFICER
REPRESENTED THROUGH THE MISSION DIRECTOR SAMAGRA SHIKSHA AND STATE NODAL OFFICER MID-DAY-MEAL SCHEME SSA CAMPUS KAHILIPARA GUWAHATI ASSA
Advocate for the Petitioner : MR. P MAJUMDAR
Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
15.05.2023
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Heard Ms. K. Bhattacharya, learned counsel for the applicant, who submits that the order dated 23.05.2022 passed in WP(C) No. 1620/2022 dismissing the writ petition for non-prosecution should be recalled, inasmuch as, the petitioner was never aware that the petitioner’s counsel had not appeared when the writ petition was dismissed.
Ms. R. Rajkumari, learned counsel on bejalf of Mr. S. Bora, learned counsel for the SSA submits that she has no objection to the application being allowed.
On considering the reasons given by the applicant for recalling the order dated 23.05.2022, this Court is of the view that the said order should be recalled.
Accordingly, the order dated 23.05.2022, which was dismissed for nonprosecution stands recalled.
Registry is directed to list the case i.e., WP(C) No. 1620/2022 after a week.
I.A accordingly stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the order dismissing the writ petition for non-prosecution should be recalled in the interest of justice given the applicant's lack of awareness.
How to dispose of the interlocutory application seeking recall of the impugned order.
EKTA SHAKTI FOUNDATION
THE STATE OF ASSAM AND ANR.
MICHAEL ZOTHANKHUMA
As recorded by the court registry
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