Citation : 2021 Latest Caselaw 3363 Gua
Judgement Date : 8 December, 2021
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GAHC010168982017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/96/2017
ABDUL JALIL SHEIKH @ ABDUL JALIL SK
VERSUS
THE STATE OF ASSAM and 5 ORS
Advocate for the Petitioner : MR.S A B KHABIR
Advocate for the Respondent : SC, SECONDARY EDUCATIONR- 1,2,3
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
08.12.2021
Heard Mr. B. Islam, learned counsel for the applicant. Also heard Ms. P. Chakraborty, learned Standing Counsel, Education (Secondary) Department, Government of Assam for the respondent Nos. 1 to 3. This is an application filed by the applicant/writ appellant for restoration of Page No.# 2/2
Writ Appeal No. 239/2015. The writ petition of the applicant was dismissed by the learned Single Judge vide judgment dated 29.01.2015 against which he filed the writ appeal. The writ appeal was dismissed for non-prosecution on 23.05.2017. The present application for restoration has been filed within one month of dismissal of the writ appeal, on which notices were issued to the respondents.
After going through the application, we find that the reasons given by the applicant for recall of the order dated 23.05.2017 are bonafide. Hence, we allow this application and recall the order dated 23.05.2017. Let the appeal be restored to its original number and listed before this Court on 18.01.2022.
JUDGE CHIEF JUSTICE Comparing Assistant
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