Dismissed

Upendra Sinha v. the State of Assam and 4 Ors.

Gauhati HC5 Apr 2023WP(C)/1965/2023

Case brief

AI extract

What is this about?

Petitioner withdrew writ petition regarding service certificate claims. Court dismissed petition on withdrawal, granting liberty to file afresh upon providing service certificates and delving deeper into delay particulars.

What did the court decide?

Writ petition dismissed on withdrawal. Liberty granted to file afresh upon providing service certificates and better particulars of delay.

Upendra Sinha Vs the State of Assam and 4 Ors. — Gauhati HC (2023) — LawSathi Research

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Page No.# 1/3

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GAHC010014862023

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

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Case No. : WP(C)/1965/2023

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UPENDRA SINHA

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S/O- MONI BUSHAN SINHA, VILL- BISHNUPUR, P.O. DULLAVCHERRA, DIST.- KARIMGANJ, PIN- 788736, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., ASSAM SECRETARIAT, DISPUR, GHY-6, ASSAM

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE DISPUR GHY-6 ASSAM

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3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ KARIMGANJ ASSAM PIN- 788710 5:THE BLOCK ELEMENTARY EDUCATION OFFICER RAM KRISHNA NAGAR KARIMGANJ ASSAM

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PIN- 78816

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Advocate for the Petitioner : MR. S SINHA

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 05.04.2023

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Heard Mr. S. Sinha, the learned counsel appearing on behalf of the petitioner and Mr. P. N. Sharma, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 3, 4 and 5. I have also heard Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the respondent No.2.

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The learned counsel appearing on behalf of the petitioner submits that taking into account that there is no certificate enclosed from the respective school that he has been rendering his service till date as well as also therebeing no proper explanation to the delay in approaching this Court after a long period of 25 years, he may be permitted to withdraw the instant writ petition with a liberty to file afresh by giving better particulars of the delay as well as also including the certificate from the school that he has been rendering his service till date.

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Taking into account the said submissions, the instant writ petition stands dismissed on withdrawal.

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The petitioner if so advised, would be at liberty to file afresh provided that the petitioner is able to show that he has been working in the said school for

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the last so many years as well as also by giving better particulars of the delay in filing the writ petition.

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JUDGE

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Comparing Assistant

Upendra Sinha v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Upendra Sinha v. the State of Assam and 4 Ors.

Case brief

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