Allowed¶36

Dipti Prasad Pegu and 3 Ors. v. the State of Assam and 8 Ors.

Gauhati HC7 Jan 2025I.A.(Civil)/3178/2024

Case brief

AI extract

What is this about?

Condonation of delay; 142 days; connected Review Petition; interlocutory application allowed; no laches; delay duly explained; Gauhati High Court; I.A.(Civil)/3178/2024; Justice N. Unni Krishnan Nair; order dated 08.01.2025; Dipti Prasad Pegu and 3 others; State of Assam; Department of School Education; Secondary Education Department; Malaram Pegu High School; Lakhimpur; Review Petition to be listed on 29.01.2025.

What did the court decide?

Condonation of delay of 142 days in filing the connected Review Petition; Registry directed to register the connected Review Petition and list it before this Court on 29th of January, 2025. ¶36

Dipti Prasad Pegu and 3 Ors. Vs the State of Assam and 8 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010201202024

2025:GAU-AS:280

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

¶5

Case No. : I.A.(Civil)/3178/2024

¶6

DIPTI PRASAD PEGU AND 3 ORS

¶7

C/O SARBESWAR PEGU, VILL-KEKURI KOTHALGURI, P.O.-KEKURI POMUA MIRI, DIST-LAKHIMPUR, ASSAM, PIN-787055

¶8

2: UPEN PEGU

¶9

S/O SRI ALISON PEGU VILL-KEKURI KOTHALGURI P.O.-KEKURI POMUA MIRI DIST-LAKHIMPUR ASSAM PIN-787055

¶10

3: JYOTI PEGU S/O SRI SASHIDHAR PEGU VILL-KEKURI KOTHALGURI P.O.-KEKURI POMUA MIRI DIST-LAKHIMPUR ASSAM PIN-787055

¶11

4: RANIKANTA PEGU S/O BAPURAM PEGU VILL-KEKURI DODABARI P.O.-KEKURI POMUA MIRI DIST-LAKHIMPUR ASSAM PIN-78705

¶12

VERSUS

¶13

THE STATE OF ASSAM AND 8 ORS

¶14

TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI-6

¶15

Page No.# 2/4

¶16

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN OFFICE OF THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM 4:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN OFFICE OF THE DEPUTY COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN-787001 5:THE INSPECTOR OF SCHOOLS LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN-787001 6:THE HEADMASTER CUM EX-OFFICIO SECRETARY MALARAM PEGU HIGH SCHOOL VILL-KEKURI DODABARI P.O.-KEKURI POMUA MIRI DIST-LAKHIMPUR ASSAM PIN-787055 7:SMT. UMALATA DOLEY PEGU W/O SHRI MONOJ PEGU R/O VILL- KEKURI DADABARI P.O.-KEKURI PAMUA MIRI DIST- LAKHIMPUR ASSAM PIN-787055 8:HALIDHAR PEGU S/O LATE MASHIRAM PEGU EX-SECRETARY OF THE SCHOOL MANAGING COMMITTEE MALARAM PEGU HIGH SCHOOL VILL-KEKURI KOTHALGURI P.O.-KEKURI POMUA MIRI

¶17

Page No.# 3/4

¶18

DIST-LAKHIMPUR ASSAM PIN-787055

¶19

9:SMTI PROTIVE KAMAN PEGU C/O PADMESWAR (UTTAM) PEGU PHOMOKI PHILA BORBARI GUWAHATI-36 (EX-PRESIDENT/SECRETARY OF MALARAM HIGH SCHOOL MANAGING COMMITTEE AND HEADMASTER/SECRETARY MALARAM PEGU HIGH SCHOOL

¶20

Advocate for the Petitioner : MR. S DUTTA, MS K BORAH,MS S MOCHAHARI,MR. SIDHANT DUTTA

¶21

Advocate for the Respondent : SC, SEC. EDU.,

¶22

Linked Case :

¶23

DIPTI PRASAD PEGU AND 3 ORS

¶24

VERSUS

¶25

THE STATE OF ASSAM AND 8 ORS B

¶26

-----------Advocate for : MR. S DUTTA Advocate for : appearing for THE STATE OF ASSAM AND 8 ORS B

¶27

BEFORE

¶28

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

¶29

ORDER

¶30

Date : 08.01.2025

¶31

The present interlocutory application has been instituted by the applicants, praying for condonation of delay of 142 days in filing the connected Review Petition.

¶32

The notices in the matter have been served on all the respondents. However, no objection has been filed in the matter by any of the respondents.

¶33

Page No.# 4/4

¶34

I have heard Mr. Sidhant Dutta, learned counsel for the applicants. Also heard Ms. Dimpy Musahary, learned standing counsel, Secondary Education Department.

¶35

On considering the contentions made in the interlocutory application as well as upon appreciating the submissions advanced by the learned counsels appearing for the parties; I am of the considered view that the delay so occasioning in the matter, has been duly explained by the applicants and accordingly, there is no laches on the part of the petitioners in preferring the connected Review Petition.

¶36

In view of the above, the delay of 142 days in preferring the connected Review Petition stands condoned and the present interlocutory application, accordingly, stands allowed.

¶37

Registry shall register the connected Review Petition and list it before this Court on 29^th of January, 2025.

¶38

JUDGE

¶39

Comparing Assistant

Dipti Prasad Pegu and 3 Ors. v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Dipti Prasad Pegu and 3 Ors. v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Alfatun Nessa Barbhuiya Vs the State of Assam and 5 Ors.

Sri Dhiraj @ Dhiren Roy Vs the State of Assam and 4 Ors.

Mintu Sarmah Vs the State of Assam and 3 Ors.

Manoj Kr Chowhan Vs the State of Assam and 5 Ors.

Sri Bhakta Kumar Bora Vs Kanti Khataniar and 7 Ors.

Rubi Saikia Bhowmik Vs the State of Assam and 7 Ors.