Page No.# 1/4 vs Bikram Nath And 6 Ors
2024 Latest Caselaw 4787 Gua

Gauhati High Court

Page No.# 1/4 vs Bikram Nath And 6 Ors on 28 June, 2024

                                                                       Page No.# 1/4

GAHC010289582023




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

                           Case No. : I.A.(Civil)/48/2024

         THE STATE OF ASSAM AND ANR.
         REP. BY THE CHIEF SECREATRY TO THE GOVT. OF ASSAM, DISPUR,
         GUWAHATI- 6.

         2: THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          PERSONNEL (B) DEPTT.
          DISPUR
          GUWAHATI- 6

         VERSUS

         BIKRAM NATH AND 6 ORS.
         S/O LATE GUNARAM NATH,
         VILL- JATAKIA NATH GAON, P.O.- JATAKIA, PIN- 785666, DIST.-
         SIVASAGAR, ASSAM.

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          EDUCATION (HIGHER) DEPTT.
          DISPUR
          GUWAHATI- 6.

         3:THE DIRECTOR OF HIGHER EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI- 19.

         4:THE DISTRICT LEVEL COMMITTEE (DLC)
          HEADED BY THE DEPUTY COMMISSIONER
          SIVASAGAR
         ASSAM
          PIN- 785640.
                                                                  Page No.# 2/4

            5:THE DEPUTY COMMISSIONER CUM CHAIRMAN
             DISTRICT LEVEL COMMITTEE
             DIST.- SIVASAGAR.

            6:THE PRINCIPAL CUM SECRETARY
             SIBSAGAR COLLEGE
             JOYSAGAR
             P.O.- SIVASAGAR
             PIN- 785665.

            7:THE STATE LEVEL COMMITTEE
             REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
             DISPUR
             GUWAHATI- 6

Advocate for the Petitioner   : MR. D NATH

Advocate for the Respondent : MR. R BORO (R-1)




             Linked Case :

            STATE OF ASSAM AND OTHERS
            STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT.
            OF ASSAM
            DISPUR
            GUWAHATI-6

            2: COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL
            B DEPARTMENT
            COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL B
            DEPARTMENT
             DISPUR
             GUWAHATI - 6
            VERSUS

            BIKRAM NATH B
            RESIDENT OF VILLAGE - JATAKIA NATH GAON
            P.O. JATAKIA
            DISTRICT - SIVASAGAR
            ASSAM
            PIN - 785666.

            2:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
                                                                                     Page No.# 3/4

              EDUCATION HIGHER DEPARTMENT
              DISPUR
              GUWAHATI - 6
              3:DIRECTOR OF HIGHER EDUCATION
              ASSAM
              KAHILIPARA
              GUWAHATI - 781019
              4:DISTRICT LEVEL COMMITTEE DLC HEADED BY THE DEPUTY
              COMMISSIONER
              SIVASAGAR

              SIVASAGAR
               ASSAM
               PIN - 785640
               5:DEPUTY COMMISSIONER CUM CHAIRMAN
               DISTRICT LEVEL COMMITTEE
              DISTRICT - SIVASAGAR
               ASSAM
               6:PRINCIPAL CUM SECRETARY
               SIBASAGAR COLLEGE
              JOYSAGAR
               P.O. SIVASAGAR
               PIN - 785665
               7:STATE LEVEL COMMITTEE REPPRESENTED BY THE CHIEF SECRETARY
              TO THE GOVERNMENT OF ASSAM
              DISPUR
               GUWAHATI
               ------------

For the Applicant(s) : Mr. D. Nath, Senior GA, Assam. For the Respondent(s) : Mr. C. Baruah, Advocate

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KARDAK ETE

28.06.2024 (Vijay Bishnoi, CJ)

Mr. C. Baruah, learned counsel has put in appearance on behalf of the respondent No. 1.

Page No.# 4/4

The matter comes upon for consideration of the Interlocutory Application filed by the applicants under Section 5 of the Limitation Act, 1963 with a prayer to condone the delay of 280 days in filing the connected appeal.

Learned counsel for the applicants has submitted that identical writ appeals filed against the impugned judgment have already been admitted by this Court by condoning the delay in filing the appeals.

Learned counsel appearing on behalf of the respondent No. 1 has not seriously opposed this Interlocutory Application.

Having heard the learned counsel for the parties and after going through the contents of the Interlocutory Application, we deem it appropriate to allow the same.

Hence, the delay of 280 days in filing the connected appeal is condoned. Interlocutory Application is allowed.

Registry is directed to register the connected appeal and list the same for admission after the ensuing summer vacation.

                      JUDGE               CHIEF JUSTICE



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