Gauhati High Court
I.A.(Civil)/3258/2026 of MD INTAZ ALI Vs THE STATE OF ASSAM AND 4 ORS. on 27 September 2026
GAHC010182762026 2026:GAU- AS:14451-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3258/2026 MD INTAZ ALI S/O- LT. AKIBUR RAHMAN, VILL- NIZ DALA, P.O.- MESKAPUKHURI, P. S.- KALAIGAON, DISTRICT- UDALGURI, ASSAM, PIN NO- 784525.
GAHC010182762026
2026:GAU-
AS:14451-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3258/2026
MD INTAZ ALI
S/O- LT. AKIBUR RAHMAN, VILL- NIZ DALA, P.O.- MESKAPUKHURI, P. S.- KALAIGAON, DISTRICT- UDALGURI, ASSAM, PIN NO- 784525.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, EDUCATION
(ELE) DEPPT., DISPUR, GUWAHATI-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI-781019
DISTRICT - KAMRUP
ASSAM.
3:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
BTC
KOKRAJHAR
4:THE DIRECTOR OF EDUCATION
BTC
KOKRAJHAR
BTAD
ASSAM.
5:THE DEPUTY INSPECTOR OF SCHOOLS
BHERGAON SUB-DIVISION
BHERAGAON
P.O.- BHERAGAON
P.S.- TANGLA
DIST- UDALGUR
Advocate for the Petitioner : MRS. P GOSWAMI, MR M Z RAHMAN,MS N SAIKIA
Advocate for the Respondent : SC, ELEM. EDU, SC, BTC
Linked Case : CRP/0/0
MD INTAZ ALI
S/O- LT. AKIBUR RAHMAN
AGED ABOUT 49 YEARS
VILL- NIZ DALA
P.O.- MESKAPUKHURI
P. S.- KALAIGAON
DISTRICT- UDALGURI
ASSAM
PIN NO- 784525.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY
EDUCATION ELE DEPPT.
DISPUR
GUWAHATI-6
2:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI-781019
DISTRICT KAMRUP
ASSAM.
3:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
BTC
KOKRAJHAR.
4:THE DIRECTOR OF EDUCATION
BTC
KOKRAJHAR
BTAD
ASSAM.
5:THE DEPUTY INSPECTOR OF SCHOOLS
BHERGAON SUB-DIVISION
BHERAGAON
P.O.- BHERAGAON
P.S.- TANGLA
DIST- UDALGURI
------------
Advocate for : MRS PRIYAM GOSWAMI
Advocate for : appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
28.09.2026 (K. R. Surana, J) Heard Ms. N. Saikia, learned counsel for the applicant. Also heard Ms. A. Das, learned Standing Counsel for the Elementary Education Department representing respondent nos.1 and 2 and Mr. A. Atreya, learned Standing Counsel, BTC, representing respondent nos. 3, 4 and 5.
2. By filing this interlocutory application under Section 5 of the Limitation Act of 1963, the applicant who is the appellant in the connected writ appeal is seeking condonation of a delay of 45 days beyond the period of limitation in filing the connected appeal.
3. It is projected that the wife of the applicant was suffering from certain ailments, for which steps for filing the appeal could not taken in time.
4. The learned standing counsel for the appearing respondents have opposed the prayer.
5. The Court is of the considered opinion that the applicant had been able to show good and sufficient cause to explain the delay in filing the connected appeal. Accordingly, the said delay of 45 days is hereby condoned.
5. The Registry shall register the connected appeal.
6. Accordingly, the present interlocutory application stands allowed and disposed of.
JUDGE JUDGE Comparing Assistant