Page No.# 1/3 vs The State Of Assam And 4 Ors
2024 Latest Caselaw 8194 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 4 Ors on 8 November, 2024

                                                               Page No.# 1/3

GAHC010133142024




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

                         Case No. : I.A.(Civil)/2131/2024

         NARENDRA PRATAP SINGH AND 2 ORS.
         S/O LATE VISHWANATH SINGH, RETIRED PROFESSOR, KOKRAJHAR,
         GOVERNMENT COLLEGE, (PREVIOUSLY KOKRAJHAR COLLEGE), P.O.
         AND DIST. KOKRAJAHR, ASSAM.

         2: SURATH NARZARY
          S/O LATE PATHAK CHANDRA NARZARY

         RETIRED PRINCIPAL
         KOKRAJHAR GOVT. COLLEGE (PREVIOUSLY KOKRAJHAR COLLEGE)

          P.O. AND DIST. KOKRAJHAR
          ASSAM.

         3: BELA DAS
         W/O LATE S.C. DAS

         RETIRED HEAD OF THE DEPARTMENT
         DEPARTMENT OF CHEMISTRY
         KOKRAJHAR GOVT. COLLEGE
         (PREVIOUSLY KOKRAJHAR COLLEGE
         P.O. AND DIST. KOKRAJHAR
         ASSAM

         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         EDUCATION (HIGHER) DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6.

         2:THE DIRECTOR OF HIGHER EDUCATION

          ASSAM
          KAHILIPARA
                                                                       Page No.# 2/3

            GUWAHATI -19.

           3:THE ACCOUNTANT GENERAL (A AND E)
           ASSAM.

           4:THE DIRECTOR OF PENSION
            GOVT. OF ASSAM.

           5:THE PRINCIPAL
            KOKRAJHAR GOVERNMENT COLLEGE
            KOKRAJHAR
            P.O.
            P.S. AND DIST.- KOKRAJHAR
           ASSAM

      For the applicants    :   Ms. A. Begum, Advocate
      For the respondents   :   Mr. N. Das, Govt. Advocate, Assam

Mr. S. Das, S.C., Higher Education Mr. R.K. Talukdar, S.C., A.G.

-BEFORE-

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 08-11-2024 (Vijay Bishnoi, C.J.) The matter comes up for consideration of IA(Civil) 2131/2024 filed under Section 5 of the Limitation Act, 1963 with the prayer for condonation of delay of 443 days in filing the connected writ appeal against the judgment and order dated 21.03.2023 passed by the learned Single Judge in WP(C) 620/2018.

It is stated in the application that against the impugned judgment and order, the applicants have preferred a review petition before the learned Single Judge. However, the same was later on withdrawn. It is also stated that the applicants are old aged persons and on account of age related ailments, they were not prompt in filing the connected writ appeal. It is further stated that the Page No.# 3/3

applicant No.1 went to Bengaluru where his son is serving for urgent family affairs and he came back from Bengaluru only in the month of April, 2024 and then he contacted his counsel. It is, therefore, prayed that the delay in filing the connected appeal may kindly be condoned.

Learned counsel for the respondents have opposed the application and argued that the delay in filing the connected writ appeal has not been explained satisfactorily. Therefore, the same cannot be condoned.

Having heard the learned counsel appearing for the parties and after taking into consideration the averments made in paragraph 8 of the application, we deem it appropriate to allow the prayer for condonation of delay.

Accordingly, the delay of 443 days in filing the connected writ appeal is condoned.

The interlocutory application is disposed of.

Registry is directed to register the connected writ appeal and list the same before this Court after four weeks for admission.

                      JUDGE                    CHIEF JUSTICE



Comparing Assistant