Abdul Kuddus Miah And Anr vs The State Of Assam And Ors
2025 Latest Caselaw 529 Gua

Gauhati High Court

Abdul Kuddus Miah And Anr vs The State Of Assam And Ors on 14 May, 2025

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GAHC010050632024




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

                         Case No. : I.A.(Civil)/2781/2024

         1.ABDUL KUDDUS MIAH AND ANR
         S/O- LT. ROHIZ UDDIN, VILL- MAYERCHAR PT.-II, P.O. NAYER ALGA, P.S.
         BILASIPARA, DIST.- DHUBRI, ASSAM, PIN- 783348, ASSTT. TEACHER OF
         KILLAHARA M.E. MADRASSA UNDER LAKHIPUR EDUCATION BLOCK OF
         GOALPARA DISTRICT

         2: SHIRAJUL ISLAM
          S/O- LT. TAZUDDIN AHMED
         VILL- BODO NICHINPUR P.O. MEDORTARI
          P.S. FAKIRGANJ DIST.- DHUBRI ASSAM
          PIN- 783333 ASSTT. TEACHER OF AOLATOLI AMALGAMATED HIGH
         MADRASSA UNDER G.D.C. GOALPARA OF GOALPARA DISTRIC

         VERSUS

         1.THE STATE OF ASSAM AND ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
         (SECONDARY) DEPTT., DISPUR, GHY-06

         2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          EDUCATION (ELEMENTARY) DEPTT.
          DISPUR GHY-06

         3:THE SECY. TO THE GOVT. OF ASSAM
          FINANCE (BUDGET) DEPTT.
          DISPUR GHY-06

         4:THE SECY. TO THE GOVT. OF ASSAM
          PENSION AND PUBLIC GRIEVANCE DEPTT.
          DISPUR GHY-06

         5:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM KAHILIPARA GHY-19
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            6:THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM KAHILIPARA GHY-19

            7:THE INSPECTOR OF SCHOOLS
             G.D.C. GOALPARA (ASSAM) PIN- 783301

            8:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             GOALPARA ASSAM PIN- 78330


For the Applicant(s)         : Ms. K. Devi, Advocate.
For the Respondent(s)        : Mr. R. Borpujari, Standing Counsel, Education Department.

: Mr. R. Borpujari, Standing Counsel, Finance Department.

- BEFORE -

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

14.05.2025 (Vijay Bishnoi, CJ)

Heard Ms. K. Devi, learned counsel appearing for the applicants. Also heard Mr. R. Mazumdar, learned Standing Counsel, Education Department and Mr. R. Borpujari, learned Standing Counsel, Finance Department.

The matter comes upon for consideration of this Interlocutory Application [I.A.(Civil) No.2781/2024] preferred on behalf of the applicants under Section 5 of the Limitation Act, 1963, with the prayer to condone the delay of 310 days occasioned in preferring the connected writ appeal against the common judgment and order dated 31.03.2021 passed by the learned Single Judge in WP(C) No.479/2021 and analogous writ petitions.

Learned counsel appearing for the parties are in agreement that in identical appeals, preferred against the impugned judgment dated 31.03.2021, delay has been condoned and the notices have also been issued to the Page No.# 3/3

respective respondents.

In view of above, the instant Interlocutory Application [I.A.(Civil) No.2781/2024] is allowed and the delay of 310 days occasioned in preferring the connected appeal is condoned.

Registry is directed to register connected writ appeal and list the same along with Writ Appeal No.171/2023.

                      JUDGE                           CHIEF JUSTICE



Comparing Assistant