Dismissed¶31

Sri Dibakar Mishra (President) and Ors. v. the State of Assam and Ors.

Gauhati HC17 May 2026CRP(IO)/528/2025

Case brief

AI extract

What is this about?

Gauhati High Court; CRP(IO)/528/2025; 2026:GAU-AS:6853; GAHC010279972025; Kalyan Rai Surana; order dated 18.05.2026; Article 227 Constitution of India; return of plaint; Section 80 (1) CPC notice; seriousness and urgency; Civil Judge (Senior Division) Barpeta; T.S. Case No. 132/2025; Misc (J) Case No. 238/2025; Inspector of Schools Barpeta District Circle; B.R. Milan High School Bhakuatepa school name and address; status quo; permanent injunction; withdrawal with liberty; dismissed on withdrawal; R. Bujor Baruah standing counsel Education Department.

What did the court decide?

Withdrawal permitted; revision dismissed on withdrawal with liberty to the petitioners to approach again in an appropriate manner. ¶31

Sri Dibakar Mishra (President) and Ors. Vs the… — Writ and Judicial Review | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Withdrawal permitted; revision dismissed on withdrawal with liberty to the petitioners to approach again in an appropriate manner.

¶31

Issue for consideration

Whether the revision under Article 227 of the Constitution of India, assailing the orders dated 21.11.2025 returning T.S. Case No. 132/2025 and Misc (J) Case No. 238/2025 and also challenging the order dated 14.11.2025 of the Inspector of Schools regarding the school's address, should be decided on merits or withdrawn with liberty to file afresh.

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Court's answer

The Court put learned counsel for the petitioner to notice that if the instant application were decided on merit in respect of the order dated 14.11.2025, it would preclude the petitioners from making any further challenge before any Court.

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Ratio / Principle

The CRP (IO) filed under Article 227 of the Constitution of India is dismissed on withdrawal with liberty as prayed for, the petitioners being at liberty to approach again in an appropriate manner.

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Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Kalyan Rai Surana, J.), CRP (IO)/528/2025, Order dated 18.05.2026 - Revision under Article 227 of the Constitution of India by the President and Secretary (office-bearers connected with B.R. Milan High School, Bhakuatepa, Barpeta) against two orders dated 21.11.2025 of the Civil Judge (Senior Division), Barpeta returning the plaint in T.S. Case No. 132/2025 (for want of notice under Section 80(1) CPC and absence of any averment of seriousness and urgency) and returning Misc (J) Case No. 238/2025; the revision also assailed the order of the Inspector of Schools, Barpeta District Circle on the school's name and address, referred to in the judgment variously as dated 06.11.2025, 14.11.2025 and 17.04.2025. The Court put counsel to notice that a merits decision on the order dated 14.11.2025 would preclude the petitioners from making any further challenge before any Court; counsel thereupon sought liberty to withdraw. The CRP (IO) was dismissed on withdrawal with liberty to approach again in an appropriate manner.

Page No.# 1/4

GAHC010279972025

2026:GAU-AS:6853

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

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Case No. : CRP(IO)/528/2025

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SRI DIBAKAR MISHRA (PRESIDENT) AND ORS S/O-LATE KHAGENDRA NATH MISHRA .

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R/O-VILLAGE-BHAKUATEPA, P.O- RAULY, P.S-SARTHEBARI DISTRICTBARPETA, ASSAM PIN-781311

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2: SRI SABIN CHANDRA NATH (SECRETARY) S/O-LATE MONOMOHAN NATH. R/O- VILLAGE-BHAKUATE P.O-RAULY P.S-SARTHEBARI DISTRICT-BARPETA ASSAM PIN-781311

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VERSUS

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THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GHY-06.

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-06

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3:THE SAMAGRA SHIKSHA ABHIJAN ASSAM REPRESENTED BY THE MISSION DIRECTOR KAHILIPARA GHY-06. 4:THE INSPECTOR OF SCHOOL BARPETA DISTRICT CIRCLE BARPETA

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Page No.# 2/4

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ASSAM.

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5:THE B R MILAN HIGH SCHOL BHAKUATEPA REPRESENTED BY THE HEAD MASTER CUM SECRETARY OF THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE P.O.- RAULY P.S.- SARTHEBARI DISTRICT- BARPETA ASSAM

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6:THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE OF B R MILAN HIGH SCHOOL BHAKUATEPA P.O. RAULY REPRESENTED BY ITS MEMBER SECRETARY CUM IN-CHARGE HEAD MASTER P.O.- RAULY DISTRICT- BARPETA ASSA

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Advocate for the Petitioner : MR SAIFUL ISLAM, M. SAIKIA,MS. M BEGUM,MR. M U MAHMUD,MR S H MAHMUD

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

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 18.05.2026

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Heard Mr. M.U. Mahmud, learned counsel for the petitioner and also heard Ms. R. Bujor Baruah, learned standing counsel for the Education Department representing respondent nos. 1 to 4.

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The petitioners as plaintiffs had filed a civil suit aggrieved by orders passed by the Inspector of Schools, Barpeta District Circle, Barpeta by which the Head Master In-Charge of B.R. Milan High School, Bhakuatepa was requested to maintain the school address as recommended by the enquiry

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Page No.# 3/4

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committee as referred in the said impugned order dated 14.11.2025. In the plaint prayers were made, interalia, for decree for declaration for cancellation of impugned orders dated 06.11.2025 and consequential order dated 14.11.2025; for declaration to continue the address of the school as Bhakuatepa in the record of the school; for maintenance of status quo, permanent injunction, etc.

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The learned Court of Civil Judge (Senior Division), Barpeta by impugned order dated 21.11.2025, returned the plaint to the plaintiffs on the ground that no notices as per Section 80 (1) CPC was issued and that the plaint did not contain a single word to show the nature of seriousness and urgency. By a separate order passed on 21.11.2025, the proceedings of Misc (J) Case No. 238/2025, returned the said Misc case to the petitioners.

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Aggrieved by the said two orders dated 21.11.2025, by which proceedings of T.S. Case No. 132/2025 and Misc (J) Case No. 238/2025 were returned, this revision under Article 227 of the Constitution of Inda has been filed to assail the order dated 17.04.2025, passed by the Inspector of Schools, Barpeta District Circle, Barpeta by which instructions were issued for the name and address of the school as B.R. Milan High School, Bhakuatepa; and to avail the impugned order dated 17.04.2025.

¶28

While assailing the impugned orders dated 21.11.2025, the challenge is also made to order dated 14.11.2025, by the Inspector of Schools, Barpeta District Circle, Barpeta, the Court had put the learned counsel for the petitioner to notice that if the instant application is decided on merit in respect of order dated 14.11.2025, it would preclude the petitioners to make any further challenge before any Court.

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Page No.# 4/4

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Accordingly, the learned counsel for the petitioner seeks liberty to withdraw this petition to approach again in an appropriate manner.

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This CRP (IO) filed under Article 227 of the Constitution of India is dismissed on withdrawal with liberty as prayed for.

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JUDGE

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Comparing Assistant

Sri Dibakar Mishra (President) and Ors. v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Sri Dibakar Mishra (President) and Ors. v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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