Nasir Uddin Laskar v. The State of Assam and 5 Ors

ORDER Date : 19/02/2024 Vijay Bishnoi, CJ

The matter comes upon for consideration of IA(C) No. 926/2023 with a prayer to condone the delay of 484 days in preferring the connected appeal. Page No.# 3/3 It is submitted by the counsel for the applicant that the learned Single Judge passed the order impugned on 26/09/2019 against which, the applicant had preferred a review petition within limitation. However, the said review petition also came to be rejected vide order dated 09/01/2023 and immediately thereafter, on 07/02/2023, the IA along with the connected appeal is filed. Learned counsel for the applicant has submitted that the delay caused in filing the appeal is bona fide and, therefore, the same deserves to be condoned. There is no response to this IA on behalf of the opposite parties/respondent nos. 1 to

¶5However, the respondent no. 6 has opposed the application seeking condonation of delay. Having heard the learned counsel for the parties and after going through the contents of the IA, we are of the view that the delay in filing the connected appeal is sufficiently explained by the applicant. Hence, the application under section 5 of the Limitation Act is allowed. Delay of 484 days in preferring the connected appeal is condoned. Registry is directed to register the appeal and place it before this Court for admission after 2 (two) weeks. IA stands disposed of.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010027942023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/926/2023o NASIRoUDDINoLASKARo PRINCIPALoINoCHARGEoPRINCIPALoALGAPURoPUBLICoHIGHERo SECONDARYoSCHOOL,oP.O.oKALIBARIoBAZAR,oDIST.oHAILAKANDI,o ASSAM,oPIN-788150 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo.o REP.oBYoTHEoCOMM.oandoSECY.oTOoTHEoGOVT.oOFoASSAM,oEDUCATIONo SECONDARYoDEPTT.,oASSAM,oKAHILIPARA,oGHY.-19. 2:THEoCOMMISSIONERoandoSECRETARY oEDUCATIONoSECONDARYoDEPTT. oDISPUR oGHY.-06. 3:THEoDIRECTOR oSECONDARYoEDUCATION oASSAM oKAHILIPARA oGHY.-19. 4:THEoINSPECTORoOFoSCHOOLS oHAILAKANDIoDISTRICToCIRCLE oHAILAKANDI. 5:THEoSCHOOLoSELECTIONoCOMMITTEE oREP.oBYoTHEoPRESIDENT oSCHOOLoMANAGINGoCOMMITTEE oALGAPURoPUBLICoHIGHERoSECONDARYoSCHOOL Page No.# 2/3 HAILAKANDI 6:SMT. ALPANA DAS MAJUMDAR SUBJECT TEACHER ALGAPUR PUBLIC HIGHER SECONDARY SCHOOL P.O. KALIBARI BAZAR DIST. HAILAKANDI ASSAM PIN-788150 Advocate for the Petitioner : MS R RAJKHOWA Advocate for the Respondent : SC, SEC. EDU. Linked Case : NASIR UDDIN LASKAR VERSUS THE STATE OF ASSAM AND 5 ORS . A ------------ Advocate for : MS R RAJKHOWA Advocate for : appearing for THE STATE OF ASSAM AND 5 ORS . A BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM