Solim Uddin, v. The State of Assam and 4 Ors

ORDER Date : 06.10.2023 Heard Mr. M.U. Mahmud, learned counsel for the applicant. Also hard Mr. P. Borah, learned standing counsel for the School Education Department, Mr. A. Chaliha, learned standing counsel for the Finance Department.

¶2By filing this application under section 5 of the Limitation Act, the applicant has prayed for condoning the delay of 450 days beyond the period of limitation in filing the connected application for restoration of WP(C) 7058/2015.

¶3It appears that the proceedings of WP(C) 7058/2015 was dismissed for non-prosecution by order dated 11.11.2021. The applicant then moved this Court by filing I.A.(Civil) 592/2022 for restoration of the said writ petition. The said interlocutory application was also dismissed for non-prosecution by order dated 19.09.2022. In the said order, it is reflected that the case was previously listed on 23.03.2022, 27.06.2022 and 30.08.2022, but the same was not prosecuted.

¶4In this case, the applicant has annexed the copy of the cause lists of the concerned Courts where I.A.(Civil) 592/2022 was listed on 23.03.2022,

27.06.2022 and 30.08.2022.

¶5It appears that on 23.03.2022, the case was listed before Court Hall No.9 as Item No.51, but in the cause list, the name of the learned counsel for the applicant was not reflected. On 27.06.2022, the case was listed before Court Hall No.4 as Item No.10, but in the cause list, the name of the learned counsel for the applicant was not reflected. Similarly, on 30.08.2022, the case was again Page No.# 4/4 listed before Court Hall No.13 as Item No.7, but in the cause list, the name of the learned counsel for the applicant was again not reflected. Ultimately, the matter was listed on 19.09.2022 before the Court Hall No. 18 as Item No. 48 and again the name of the learned counsel for the applicant was not reflected in the cause list.

¶6Therefore, the learned counsel for the applicant has been able to demonstrate that on the 4 (four) days when the matter was previously listed, the name of the learned counsel was not reflected in the cause list.

¶7In view of above, although Mr. P. Borah, learned standing counsel for the School Education Department and Mr. A. Chaliha, learned standing counsel for the Finance Department have both objected to the prayer made in this interlocutory application, but the Court finds that there are good and sufficient cause for the applicant for which the delay of 450 days had occurred.

¶8Accordingly, this interlocutory application stands allowed by condoning the delay of 450 days in filing the connected application for restoration of WP(C) 7058/2015.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010146312023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo:oI.A.(Civil)/2217/2023 SOLIMoUDDIN S/OoLT.oMUZAFARoALI oVILL.oMATRAGHOLA oP.O.oKRITANPARA oP.S.oABHAYAPURI oDIST-oBONGAIGAON oASSAM oVERSUS THEoSTATEoOFoASSAMoANDo4oORS REP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oEDUCATIONoDEPTT.oELE oDISPUR oGHY-6 2:COMMISSIONERoandoSECY.oGOVT.OFoASSAM FINANCEoBoDEPTT. oDISPUR oGHY-6 o3:THEoDIRECTORoOFoELEMENTARYoEDUCATION ASSAM oKAHILIPARA oGHY-19 o4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER BONGAIGAON oASSAM o5:THEoBLOCKoELEMENTARYoEDUCATIONoOFFICER SRIJANGRAM oDIST-oBONGAIGAON oASSAM Page No.# 2/4 ------------ Advocate for : MR.M U MAHMUD Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/7058/2015 SOLIM UDDIN S/O LT. MUZAFAR ALI VILL. MATRAGHOLA P.O. KRITANPARA P.S. ABHAYAPURI DIST- BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION DEPTT. ELE DISPUR GHY-6 2:COMMISSIONER and SECY. GOVT.OF ASSAM FINANCE B DEPTT. DISPUR GHY-6 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER SRIJANGRAM DIST- BONGAIGAON ASSAM ------------ Advocate for : MR.M U MAHMUD Advocate for : SC ELEMENTARY EDUCATION appearing for THE STATE OF ASSAM AND 4 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA