Allowed

Pashan Ali and 11 Ors. v. the State of Assam and 8 Ors.

Gauhati HC21 Jun 2023I.A.(Civil)/784/2023

Case brief

AI extract

What is this about?

In this interim order, a bench of the Gauhati High Court allowed an application seeking condonation of a 234-day delay in filing a connected writ appeal. The court found the grounds for delay germane and directed registry registration and listing.

What did the court decide?

Condonation of delay in filing the connected writ appeal; direction to register and list the appeal for admission.

Pashan Ali and 11 Ors. Vs the State of Assam and 8… — Writ and Judicial Review | Gauhati HC (2023)

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GAHC010060842023

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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)/784/2023

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1: PASHAN ALI AND 11 ORS. S/O LATE HABIBAR RAHMAN , RESIDENT OF VILLAGE AND PO NALI GAON, DIST BARPETA, ASSAM 781352

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2: MD. FAJLUL HAQUE S/O LATE SAYED ALI RESIDENT OF VILLAGE DALOR PATHAR PO B.D PATHAR DIST BARPETA ASSAM 781318

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3: SHAHADAT HUSSAIN S/O SRI MANURUDDIN AHMED RESIDENT OF BORBALA PO BORBALA DIST BARPETA ASSAM 781316

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4: KHARGESWAR TALUKDAR S/O SRI MAHENDRA TALUKDAR RESIDENT OF VILLAGE BANAKHATA DIST BARPETA ASSAM 781325

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5: DIPAK TALUKDAR S/O SRI JIBESWAR TALUKDAR RESIDENT OF SARTHEBARI PO SARTHEBARI DIST BARPETA ASSAM 781307

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6: PRANAB JYOTI NATH S/O SRI BUDHO RAM NATH RESIDENT OF VILLAGE AND PO GAHIYA PS SARTHEBARI DIST BARPETA ASSAM 781325

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7: MAHANTA BARMAN S/O SRI SATYA BARMAN RESIDENT OF VILLAGE GAMARIGURI PO GOBARDHANA DIST BARPETA ASSAM 781315

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8: TAHER UDDIN DEWAN S/O NAZIM UDDIN DEWAN RESIDENT OF VILLAGE DANGARKUCHI (AZAD NAGAR) WARD NO.14 PO PS AND DIST BARPETA ASSAM 781301

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9: RAKIMUL HAQUE CHOUDHURY S/O LATE MD. MATIUR RAHMAN RESIDENT OF VILLAGE DONAKUCHI PO SONKUCHI PS AND DIST BARPETA ASSAM 781314

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10: BHUDEV BHAGABATI S/O LATE SATINDRA BHAGABATI RESIDENT OF VILLAGE AND PO SUNDARIDIA DIST BARPETA ASSAM 781314

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11: DEWAN JAHIDUL ISLAM S/O DEWAN ABDUL WAHAB RESIDENT OF VILLAGE AND PO SUKMANAH DIST BARPETA ASSAM 781316

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12: PRAHLAD ROY S/O LATE CHAYO RAM ROY RESIDENT OF VILLAGE AND PO AMRIKHOWA DIST BARPETA ASSAM 78130

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VERSUS

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1: THE STATE OF ASSAM AND 8 ORS.

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REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM. PIN 781006.

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2:THE SPECIAL COMMISSIONER SECONDARY EDUCATION DEPARTMENT GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM. PIN 781006

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3:THE DIRECTORATE OF SECONDARY EDUCATION REPRESENTED BY THE DIRECTOR KAHILIPARA GUWAHATI ASSAM. PIN 781019

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4:SHRI ASHUTOSH DAS S/O LATE GOPENDRA DAS R/O- VILL- KALINAGAR P.O. KALINAGAR DISTRICT HAILAKANDI ASSAM. PIN 788801

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5:SRI SHYAM SUNDAR BORAH S/O GOKUL CHANDRA BORAH R/O VILLAGE OJARA GAONP.O. OPAR OJARA P.S. SADAR DISTRICT NAGAON ASSAM

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6:SRI MAHENDRA KEOT S/O SRI SARABAPU KEOT R/O BHARAHAMPUR P.O. BRAHAMPUR P.S. SADAR DISTRICT NAGAON ASSAM. PIN 782102

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7:SRI KHAGEN BORA S/O SRI CHANDRA KANTA BORA R/O KARAYANI P.O. KARAYANI P.S. SADAR DISTRICT NAGAON ASSAM

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8:SRI MUKUL CHAMUAH R/O VILLAGE OJARA GAON P.O. OPAR OJARA P.S. SADAR DISTRICT NAGAON ASSAM. PIN 782101

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9:SRI DIPANKAR BORUAH S/O SRI KINARAM BORUAH R/O VILLAGE KUJIDAH GAON P.O. KUJIDAH DISTRICT NAGAON ASSAM

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For the Applicants : Mr. S. Borthakur, Advocate. Mr. S. Dey, Advocate. Mr. B. Hussain, Advocate.

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For the Respondents : Ms. K. Das, SC, Education (Secondary) Deptt. for respondent Nos.1 to 3. : Mr. J.I. Borbhuiya, Advocate for respondent No.4. : Ms. M. Nirola, Advocate for respondent Nos.5, 6, 7, 8 & 9.

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– B E F O R E –

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HON’BLE THE CHIEF JUSTICE HON’BLE MRS. JUSTICE MITALI THAKURIA

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21.06.2023

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The matter comes up for orders on the instant interlocutory application seeking condonation of the delay of 234 days occasioned in filing the accompanying writ appeal.

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It is submitted that the applicants, whose interests have been adversely impacted on account of the judgment dated 24.06.2022 passed by the learned Single Bench in WP(C) No.3283/2022, were neither impleaded nor heard in those proceedings.

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Considering the grounds set out in the application seeking condonation

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of delay to be germane, the delay is condoned. The interlocutory application is allowed.

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Registry is directed to register the connected appeal and list the same for admission.

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JUDGE

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CHIEF JUSTICE

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Comparing Assistant

Pashan Ali and 11 Ors. v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Pashan Ali and 11 Ors. v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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