Disposed
Harekrishna Mahanta v. the State of Assam and 3 Ors.
Gauhati HCMC/9/2024
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from the order text
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GAHC010022132024 THE GAUHATI HIGH COURT…
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GAHC010022132024 THE GAUHATI HIGH COURT…
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GAHC010022132024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/9/2024
HAREKRISHNA MAHANTA
S/O LT. TARINI MAHANTA, R/O VILL. DEKARKUCHI, P.O. SONESWAR, P.S. KAMALPUR, DIST- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GHY-6
2:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE KAMRUP GHY-1
3:THE PRINCIPAL PUTHIMARI HIGHER SECONDARY SCHOOL SONESWAR P.O. SONESWAR DIST- KAMRUP ASSAM PIN-781382
4:SRI MADAN MALAKAR
S/O SRI KUHIRAM MALAKAR VILL.-DEKARKUCHI P.O.-SONESWAR DIST.KAMRUP ASSAM
Advocate for the Petitioner : MR. U B SARMA
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Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 08-04-2024
Heard the learned counsel for the parties.
The present misc case has been instituted praying for recalling of the order dated 17.06.2019 passed by this court in WP(C) No.306/2014, dismissing the connected writ petition for non prosecution.
The petitioner in the misc case has contended that he was not aware of the listing of the matter on 17.06.2019 and accordingly he having relied solely on his engaged counsel, the lapse on his part was unintentional.
The pleadings as brought on record have been perused by this court and also heard the learned counsel for the parties.
Ms. P Das learned counsel for the State respondent has submitted that she would have no objection if writ petition is restored to file and heard on merit.
In view of the above, the order dated 17.06.2019 is hereby recalled and the connected writ petition is restored to file. The misc case is accordingly disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the order dismissing the connected writ petition should be recalled and the matter restored to file for hearing due to a lapse in notice.
Harekrishna Mahanta
The State of Assam
Secretary to the Govt. of Assam
Inspector of Schools
The Principal Puthimari Higher Secondary School
Sri Madan Malakar
N. Unni Krishnan Nair
As recorded by the court registry
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