Lutfur Rahman v. The State of Assam and 4 Ors

ORDER Date : 13/09/2023

Heard Mr. G.Z. Ahmed, learned counsel for the petitioner/applicant. Also heard Mr. K. Gogoi, learned standing counsel, Education department.

¶2This application has been filed praying for re-called of the order dated

30.03.2023 passed by this Court in W.P(C)/2902/2016, by which the matter is dismissed for non-prosecution and for restoring the writ petition to file.

¶3The learned counsel for the petitioner submits that for reasons beyond his control, he could not appear in the matter and therefore the matter came to be Page No.# 4/5 dismissed for non-prosecution. The grounds urged in the I.A. in support of his contentions are as under:- "3. That the applicant states that the counsel engaged by the writ petitioner in the connected writ petition had missed the item in the Hearing Cause List from

09.03.2023 to 28.04.2023 due to an oversight and as such they were unaware about the listing of the same in the said Hearing List. AS such, the engaged counsels were not present when the matter was called for by this Hon'ble Court for hearing on 23.03.2023 and 30.03.2023. Accordingly, this Hon'ble Court vide issue of an Order dated 30.03.2023 was pleased to dismiss the connected writ petition for non-prosecution.

¶4That the applicant states that the counsel for the petitioner came to know about the issuance of the aforesaid Order dated 30.03.2023 only on 10.04.2023 when he saw the connected writ petition being listed in the disposed cases column of Ecourts Services Application installed in his android mobile phone while checking the case status of some other case in the said App. As such, there is no delay and/or delay in filing the instant interlocutory application and the same has been filed immediately after the fact of the dismissal of the writ petition on the ground of non-prosecution came to the notice of the counsel engaged by the applicant/writ petitioner.

¶5That the applicant states that the writ petition has been filed seeking correction of his qualifying service for pension and/or enhancement of the pensionary benefits of the petitioner and in the event the same is dismissed for non-prosecution the petitioner therein wilt suffer irreparable loss and damages without any fault on his part and due to an unintentional mistake on the part of the advocate/s engaged by him."

¶4Upon hearing the learned counsels for the parties and upon perusal of the pleadings on record, this Court is of the view that the delay that had occurred has been sufficiently explained in the grounds urged.

¶5Considering the grounds urged in the I.A, this Court is inclined to recall the order dated 30.03.2023 dismissing the writ petition being W.P.(C)No.2902/2016 for non prosecution.

¶6The order dated 30.03.2023 passed in W.P.(C)No.2902/2016 is hereby Page No.# 5/5 recalled. Consequently, the writ petition being W.P.(C)No.2902/2016 being restored to file.

¶7Interlocutory Application accordingly stands allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010086012023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/28/2023o LUTFURoRAHMANo S/OoLT.oESABoALIoAoR/OoR.R.B.oROAD,oSOUTHoHAIBARGAON,oP.O.o HAIBARGAON,oINoTHEoDIST.oOFoNAGAON,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HIGHERoEDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI,oPINoCODE-o 781006,oDIST.oKAMRUPoMETRO,oASSAM. 2:THEoDIRECTORoOFoHIGHERoEDUCATION oASSAM oKAHILIPARA oGUWAHATI oPINo-o781019 oDIST.oKAMRUPoMETRO oASSAM. 3:THEoPRINCIPALoACCOUNTANToGENERAL oAoandoEoASSAM oMAIDAMGAON oBELTOLA oGUWAHATI oPINo-o781029 oDIST.oKAMRUPoMETRO oASSAM. 4:RUPAHIoCOLLEGE oREP.oBYoITSoPRINCIPAL oHAVINGoHIS/HERoOFFICESoAToRUPAHI Page No.# 2/5 NAGAON ASSAM PIN - 782125. 5:MADHAB CHOUDHURY COLLEGE REP. BY ITS PRINCIPAL HAVING HIS/HER OFFICERS AT BARPETA ASSAM PIN - 781301 Advocate for the Petitioner : MR.A A HUSSAIN Advocate for the Respondent : SC, EDU Linked Case : WP(C)/2902/2016 LUTFUR RAHMAN S/O LT. ESAB ALI A R/O R.R.B. ROAD SOUTH HAIBARGAON P.O. HAIBARGAON IN THE DIST. OF NAGAON ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI PIN CODE- 781006 DIST. KAMRUP METRO ASSAM. 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI PIN - 781019 DIST. KAMRUP METRO Page No.# 3/5 ASSAM. 3:THE PRINCIPAL ACCOUNTANT GENERAL A and E ASSAM MAIDAMGAON BELTOLA GUWAHATI PIN - 781029 DIST. KAMRUP METRO ASSAM. 4:RUPAHI COLLEGE REP. BY ITS PRINCIPAL HAVING HIS/HER OFFICES AT RUPAHI NAGAON ASSAM PIN - 782125. 5:MADHAB CHOUDHURY COLLEGE REP. BY ITS PRINCIPAL HAVING HIS/HER OFFICERS AT BARPETA ASSAM PIN - 781301. ------------ Advocate for : MR.A A HUSSAIN Advocate for : SC AG appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA