Abu Saleh Sharif Uddin v. Hanif Uddin and 8 Ors

ORDER Date : 03/06/2024 Vijay Bishnoi, CJ

Heard Mr. M.A. Sheikh, learned counsel appearing for the applicant. We have also heard Mr. A.M. Khan, learned counsel appearing for the respondent no.1. Mr. N. Das, Government Advocate, Page No.# 3/3 Assam and Mr. R. Mazumdar, learned Standing Counsel, Elementary Education Department, Assam, are present on behalf of the official respondents. The matter comes upon for consideration of the IA(C) No. 3846/2023 with the prayer to condone the delay of 337 days in filing the connected appeal. The learned counsel for the applicant has submitted that as a matter of fact, he has engaged a counsel to appear for the applicant before the learned Single Judge at the time of hearing of the Writ Petition (C) No. 7749/2022. However, after the decision in the said writ petition on 02/12/2022, the counsel who was engaged by him has not informed him about the said decision. The learned counsel has submitted that as a matter of fact, the appellant had no intention to cause delay in filing the appeal. However, due to unavoidable circumstances, the appeal could not be filed within time. Learned counsel for the respondent no.1 has vehemently opposed the prayer for condonation of delay and has argued that as a matter of fact, the appellant was aware of the decision impugned and he has failed to satisfactorily explain the delay in filing the connected appeal. Having heard the learned counsel for the parties and after going through the contents of the application, we are satisfied that the applicant has sufficiently explained the delay. Hence, the delay of 337 days in filing the connected appeal is condoned. Registry is directed to register the connected appeal and list the same before this Court for admission, after 2 (two) weeks. IA stands disposed of.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010275822023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3846/2023o ABUoSALEHoSHARIFoUDDINo S/O-oLT.oABDULoJOLIL,oVILL-oKURSHAKATI,oP.O.oAOLATOLI,oP.S.o LAKHIPUR,oDIST.-oGOALPARA,oASSAM,oPIN-o783129 VERSUSo HANIFoUDDINoANDo8oORSo S/O-oLT.oFAJILoALI,oVILL-oKURSHAKATI,oP.O.oAOLATOLI,oP.S.oLAKHIPUR,o DIST.-oGOALPARA,oASSAMo783129 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oELEMENTARYoEDUCATIONoDEPTT. oDISPUR oGHY-06 3:THEoSTATEoLEVELoSCRUTINYoCOMMITTEE oREP.oBYoTHEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGHY-19 4:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGHY-19 5:THEoDY.oCOMMISSIONERoGOALPARA-CUM-CHAIRMANoDISTRICTo LEVELoSCRUTINYoCOMMITTEEo(DLSC) oGOALPARA oASSAM Page No.# 2/3 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM 7:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR DIST.- GOALPARA ASSA Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : GA, ASSAM Linked Case : ABU SALEH SHARIF UDDIN VERSUS HANIF UDDIN AND 8 ORS (E) ------------ Advocate for : MR. M A SHEIKH Advocate for : appearing for HANIF UDDIN AND 8 ORS (E) BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM