Nur Jamal Mazumder And Anr vs The State Of Assam And 2 Ors on 16 February, 2022

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Gauhati High Court

Nur Jamal Mazumder And Anr vs The State Of Assam And 2 Ors on 16 February, 2022

Bench: Sanjay Kumar Medhi

                                                                     Page No.# 1/2

GAHC010205372021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : I.A.(Civil)/2333/2021 in
                                     WP(C) No. 4791/2014

            NUR JAMAL MAZUMDER AND ANR.
            S/O JAHUR UDDIN MAZUMDER, VILL. AND P.O. BANSKANDI, DIST-
            CACHAR, ASSAM

            2: KSH ARUNA SINGHA
            W/O NATUM SINGHA
            VILL. MAZIRGRAM
             P.O. SONAIMUKH
             DIST- CACHAR
            ASSA

            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
            EDUCATION (E) DEPTT., DISPUR, GHY-6

            2:THE DIRECTOR OF ELEMENTARY EDUCATION
            ASSAM
             KAHILIPARA
             GHY-19

            3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             CACHAR
             SILCHAR
            ASSAM
             PIN-78800

Advocate for the Petitioner   : MR.S HOQUE

Advocate for the Respondent : SC, ELEM. EDU
                                                                                  Page No.# 2/2


                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                             ORDER

16.02.2022 The instant Interlocutory Application has been filed for restoration of the connected WP(C)/4791/2014 by recalling the order dated 11.11.2021 by which the writ petition was dismissed for non-prosecution.

Shri S Hoque, learned counsel for the applicants, by drawing the attention of this Court to the averments made in paragraph 2 of the Interlocutory Application submits that there were sufficient grounds for which the applicants could not be represented when the matter was called upon.

Shri PK Bora, learned Standing Counsel, Elementary Education Department, Assam, however submits that even on earlier occasions, i.e., 02.11.2021 and 09.11.2021, the applicants remained unrepresented and only on noticing that situation, the order dated 11.11.2021 was passed.

After hearing the learned counsel for the parties and balancing the equities, the Interlocutory Application is allowed subject to payment of cost of Rs. 1,000/- (Rupees One thousand) only to be deposited before the Gauhati High Court Legal Services Committee.

The restoration of the writ petition is to be done after producing the proof of payment of cost before the Registry of this Court.

The Interlocutory Application stands disposed of.

JUDGE Comparing Assistant

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