Solim Uddin v. The State of Assam and 4 Ors

ORDER

26.04.2024 Heard Mr. MU Mahmud, learned counsel for the petitioner. This misc case has been filed for seeking restoration of the writ petition being W.P(C) No. 7058/2015 which came to be dismissed by the order dated

11.11.2021. It is submitted that the matter was listed along with a bunch of writ petitions in the Part-II hearing list. When the matters were called up, the same were dismissed including the present writ petition. The learned counsel for the petitioner submits that because of oversight, the counsel could not appear before the Court and therefore the matters came to be dismissed. He submits that there was no deliberate or willful absence by the counsel leading to the default on the part of the counsel. Prayers made are not objected to by the learned counsel for the respondents. Having heard the learned counsel for the parties and upon careful perusal of the pleadings on record, this Court is satisfied that the grounds urged in the petition are sufficient to accept that there was no deliberate or willful absence on the part of the counsel to appear before the Court when the matters were called up. Under such circumstances, the order dated 11.11.2021 passed in W.P.(C) No. 7058/2015 by which the matter was dismissed for default, stands recalled and W.P(C) No. 7058/2015 stands restored. Accordingly, the misc case stand allowed and disposed of. Page No.# 4/4 Copy of this order be retained in the writ petition. Registry to do the needful.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010146312023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/63/2023 SOLIM UDDIN S/O LT. MUZAFAR ALI, VILL. MATRAGHOLA, P.O. KRITANPARA, P.S. ABHAYAPURI, DIST- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT. ELE, DISPUR, GHY-6 2:COMMISSIONER and SECY. GOVT.OF ASSAM FINANCE B DEPTT. DISPUR GHY-6 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER SRIJANGRAM DIST- BONGAIGAON ASSA Advocate for the Petitioner : MR.M U MAHMUD Advocate for the Respondent : SC, ELEM. EDU Page No.# 2/4 Linked Case : WP(C)/7058/2015 SOLIM UDDIN S/O LT. MUZAFAR ALI VILL. MATRAGHOLA P.O. KRITANPARA P.S. ABHAYAPURI DIST- BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION DEPTT. ELE DISPUR GHY-6 2:COMMISSIONER and SECY. GOVT.OF ASSAM FINANCE B DEPTT. DISPUR GHY-6 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER SRIJANGRAM DIST- BONGAIGAON ASSAM ------------ Advocate for : MR.M U MAHMUD Advocate for : SC ELEMENTARY EDUCATION appearing for THE STATE OF ASSAM AND 4 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA