Hafijur Rahman v. The State of Assam and 4 Ors

ORDER Date : 15.03.2024

Heard Mr. M. U. Mahmud, learned counsel for the applicant/petitioner. Also heard Mr. N. J. Khataniar, learned Standing Counsel, Elementary Education Department. Mr. M. U. Mahmud, learned counsel for the applicant/petitioner submits that by filing this application the applicant seeks restoration of the writ petition, which was dismissed for default on 11.11.2021. The learned counsel for the applicant/petitioner further submits that the applicant was not aware about the listing of the case in the Part II list and that they were looking for the case in the Part I list. Therefore, having no knowledge about the listing of the case in the Part II list, they could not appear on that day and the matter was dismissed for default. Mr. N. J. Khataniar, learned Standing Counsel, Elementary Education Department submits that he has no objection if the application is allowed. Upon hearing the learned counsels for the parties and upon considering the statements made in the application, this application for restoration of the Page No.# 4/4 connected writ petition is hereby allowed. Accordingly, this application stands allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010010262023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/11/2023o HAFIJURoRAHMANo S/O.oMOHAMMADoALI,oR/O.oVILL.oKOKILAoPART-I,oP.O.oKOKILAoBAZAR,oP.S. ABHAYARPURI,oDIST.oBONGAIGAON,oASSAM.oPIN-783384 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oELEMENTARYo EDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-06 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoDIST.oELEMENTARYoEDUCATIONoOFFICER oBONGAIGAON oDIST.oBONGAIGAON oASSAM. 4:THEoBLOCKoELEMENTERYoEDUCATIONoOFFICER oSRIJANGRAM oDIST.oBONGAIGAON oASSAM. 5:THEoHEADoMASTER o350oNO.oCHALAKURAoL.P.oSCHOOL oP.O.oKOKILA oP.S.oABHAYAPURI Page No.# 2/4 DIST. BONGAIGAON ASSAM Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : SC, ELEM. EDU Linked Case : WP(C)/6786/2017 HAFIJUR RAHMAN S/O. MOHAMMAD ALI R/O. VILL. KOKILA PART-I P.O. KOKILA BAZAR P.S. ABHAYARPURI DIST. BONGAIGAON ASSAM. VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY THE COMM. and SECY. ELEMENTARY EDUCATION GOVT. OF ASSAM DISPUR GUWAHATI-06 ASSAM. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DIST. ELEMENTARY EDUCATION OFFICER BONGAIGAON DIST. BONGAIGAON ASSAM. 4:THE BLOCK ELEMENTERY EDUCATION OFFICER SRIJANGRAM DIST. BONGAIGAON ASSAM. 5:THE HEAD MASTER Page No.# 3/4 350 NO. CHALAKURA L.P. SCHOOL P.O. KOKILA P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM. ------------ Advocate for : MR.M ALI Advocate for : appearing for THE STATE OF ASSAM and 4 ORS. BEFORE HONOURABLE MR. JUSTICE NELSON SAILO