The Gauhati High Court allowed an application to condone a delay of 484 days in filing a connected appeal, holding the applicant's explanation to be sufficient and bona fide.
Delay of 484 days in preferring the connected appeal is condoned; appeal to be registered and placed for admission after two weeks.
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GAHC010027942023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/926/2023
NASIR UDDIN LASKAR
PRINCIPAL IN CHARGE PRINCIPAL ALGAPUR PUBLIC HIGHER SECONDARY SCHOOL, P.O. KALIBARI BAZAR, DIST. HAILAKANDI, ASSAM, PIN-788150
VERSUS
THE STATE OF ASSAM AND 5 ORS .
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION SECONDARY DEPTT., ASSAM, KAHILIPARA, GHY.-19.
2:THE COMMISSIONER and SECRETARY EDUCATION SECONDARY DEPTT. DISPUR GHY.-06.
3:THE DIRECTOR
SECONDARY EDUCATION ASSAM KAHILIPARA GHY.-19.
4:THE INSPECTOR OF SCHOOLS
HAILAKANDI DISTRICT CIRCLE HAILAKANDI.
5:THE SCHOOL SELECTION COMMITTEE REP. BY THE PRESIDENT SCHOOL MANAGING COMMITTEE ALGAPUR PUBLIC HIGHER SECONDARY SCHOOL
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HAILAKANDI
6:SMT. ALPANA DAS MAJUMDAR SUBJECT TEACHER ALGAPUR PUBLIC HIGHER SECONDARY SCHOOL P.O. KALIBARI BAZAR DIST. HAILAKANDI ASSAM PIN-788150
Advocate for the Petitioner : MS R RAJKHOWA
Advocate for the Respondent : SC, SEC. EDU.
Linked Case :
NASIR UDDIN LASKAR
VERSUS
THE STATE OF ASSAM AND 5 ORS . A
-----------Advocate for : MS R RAJKHOWA Advocate for : appearing for THE STATE OF ASSAM AND 5 ORS . A
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 19/02/2024 Vijay Bishnoi, CJ
The matter comes upon for consideration of IA(C) No. 926/2023 with a prayer to
condone the delay of 484 days in preferring the connected appeal.
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It is submitted by the counsel for the applicant that the learned Single Judge passed the order impugned on 26/09/2019 against which, the applicant had preferred a review petition within limitation. However, the said review petition also came to be rejected vide order dated 09/01/2023 and immediately thereafter, on 07/02/2023, the IA along with the connected appeal is filed. Learned counsel for the applicant has submitted that the delay caused in filing the appeal is bona fide and, therefore, the same deserves to be condoned.
There is no response to this IA on behalf of the opposite parties/respondent nos. 1 to 5. However, the respondent no. 6 has opposed the application seeking condonation of delay.
Having heard the learned counsel for the parties and after going through the contents of the IA, we are of the view that the delay in filing the connected appeal is sufficiently explained by the applicant. Hence, the application under section 5 of the Limitation Act is allowed. Delay of 484 days in preferring the connected appeal is condoned.
Registry is directed to register the appeal and place it before this Court for admission after 2 (two) weeks.
IA stands disposed of.
JUDGE CHIEF JUSTICE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether the delay of 484 days in filing the connected appeal deserves condonation under Section 5 of the Limitation Act.
2 provisions across 2 enactments
Nasir Uddin Laskar
The State of Assam
Chief Justice Vijay Bishnoi
Justice Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
