Gauhati High Court

I.A.(Civil)/1488/2026 of THE PRESIDENT Vs NAGARJHAR NAU JUWAN CLUB AND LIBRARY AND 12 ORS on 21 June 2026

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GAHC010018182026 2026:GAU-AS:9204 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1488/2026 THE PRESIDENT SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE, HILAPAKARI HIGHER SECONDARY SCHOOL, SHAHJAHAN ALI AHMED, AGE 65 YEARS, S/O LATE

GAHC010018182026

2026:GAU-AS:9204

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/1488/2026

THE PRESIDENT

SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE, HILAPAKARI

HIGHER SECONDARY SCHOOL, SHAHJAHAN ALI AHMED, AGE 65 YEARS, S/O LATE MAFIJ UDDIN, R/O JAYUR, HOWLY, BARPETA, ASSAM, PIN

781316

VERSUS

NAGARJHAR NAU JUWAN CLUB AND LIBRARY AND 12 ORS

A REGISTERED SOCIETY REPRESENTED BY ITS SECRETARY, SHARFUL

ALOM, AGE ABOUT 48 YEARS, S/O LATE SOHRAB ALI, R/O VILL.

NAGARJHAR, P.O. AND P.S. HOWLY, DIST. BARPETA, ASSAM, PIN 781316

2:ANISUR RAHMAN

S/O. LT. MAHMUDUR RAHMAN

R/O. VILL.- NAGAJHAR

P/O. AND P/S. HOWLY

DIST. BARPETA

ASSAM

3:HAFIZUR RAHMAN

S/O. LT. ALI AJGAR

R/O. VILL.- JAIPUR

P/O. AND P/S. HOWLY

DIST. BARPETA

ASSAM

PIN-781316

4:THE STATE OF ASSAM

REP. BY THE COMMISSIONER AND SECRETARY OF THE ASSAM GOVT.

SECONDARY EDUCATION DEPARTMENT

Page No.# 2/7

JANATA BHAWAN

DISPUR

ASSAM

PIN-781006

5:THE SECRETARY OF THE GOVT. OF ASSAM

SPORTS AND YOUTH WELFARE DEPARTMENT

JANATA BHAWANM DISPUR

ASSAM

PIN-781006

6:THE DIRECTOR

SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-781019

7:THE DIRECTOR

SPORTS AND YOUTH WELFARE

RUDRA SINGH SPORTS COMPLEX

SUPER MARKET

DISPUR

ASSAM

GUWAHATI-781006

8:THE CHIEF ENGINEER

PUBLIC WORKS DEPARTMENT

BUILDING

CHANDMARI

GUWAHATI-03.

9:THE DISTRICT COMMISSIONER

BARPETA

ASSAM

P/O. AND P/S. BARPETA

DIST. BARPETA

ASSAM

PIN-781301

10:THE ADDITIONAL DISTRICT COMMISSIONER (EDUCATION)

P/O. AND P/S. BARPETA

DIST. BARPETA

ASSAM

PIN-781301

11:THE INSPECTOR OF SCHOOLS

BARPETA

ASSAM

P/O. AND P/S. BARPETA

DIST. BARPETA

ASSAM

PIN-781301

12:THE DISTRICT SPORTS OFFICER

GANDHINAGAR

BARPETA

P/O. AND P/S. BARPETA

DIST. BARPETA

ASSAM

PIN-781301

13:THE PRINCIPAL

HILAPAKARI HIGHER SECONDARY SCHOOL

JAIPUR

HOWLY

BARPETA

P/O. AND P/S. BARPETA

DIST. BARPETA

ASSAM

PIN-78131

Linked Case : WP(C)/1057/2025

NAGARJHAR NAU-JUWAN CLUB AND LIBRARY AND 2 ORS.

A REGISTERED SOCIETY REPRESENTED BY ITS

SECRETARY

SHARFUL ALOM

AGED ABOUT 48 YEARS

SON OF LATE SOHRAB ALI

RESIDENT OF VILLAGE- NAGARJHAR

P

O. AND P.S.-

HOWLY

DISTRICT - BARPETA

ASSAM. PIN-

781316

2: ANISUR RAHMAN

SON OF LATE MAHMUDUR RAHAMN

RESIDENT OF VILLAGE- NAGARJHAR VILLAGE

P.O. AND P.S.- HOWLY

DISTRICT- BARPETA

ASSAM.

3: HAFIZUR RAHMAN

SON OF LATE ALI AJGAR

RESIDENT OF VILLAGE- JAIPUR

P.O. AND P.S.-

HOWLY

DISTRICT- BARPETA

ASSAM. PIN-781316

VERSUS

THE STATE OF ASSAM AND ORS

REPRESENTED BY THE

COMMISSIONER AND SECRETARY OF THE

GOVERNMENT OF ASSAM

SECONDARY EDUCATION

DEPARTMENT

JANATA BHAWAN

DISPUR

ASSAM

PIN- 781006

2:THE SECRETARY OF THE GOVERNMENT OF ASSAM

SPORTS AND YOUTH WELFARE DEPARTMENT

JANATA

BHAWAN

DISPUR

ASSAM. PIN- 781006

3:THE DIRECTOR

SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI- 781019

4:THE DIRECTOR

SPORTS AND YOUTH WELFARE

RUDRA SINGH SPORTS COMPLEX

SUPER MARKET

DISPUR

ASSAM

GUWAHATI-781006

5:THE CHIEF ENGINEER

PUBLIC WORKS

DEPARTMENT

BUILDING

CHANDMARI

GUWAHATI-

781003

6:THE CHIEF ENGINEER

PUBLIC WORKS

DEPARTMENT

BUILDING

CHANDMARI

GUWAHATI-

781003

7:THE ADDITIONAL DISTRICT COMMISSIONER (EDUCATION)

P.O. AND P.S.- BARPETA

DIST.-

BARPETA

ASSAM. PIN-781301

8:THE INSPECTOR OF SCHOOLS

BARPETA

ASSAM

P.O. AND P.S.- BARPETA

DIST.- BARPETA

ASSAM.

PIN-781301

9:THE DISTRICT SPORTS OFFICER

GANDHINAGAR

BARPETA

P.O. AND P.S.- BARPETA

DIST.-

BARPETA

ASSAM. PIN-781301

10:THE PRINCIPAL

HILAPAKARI HIGHER SECONDARY

SCHOOL

JAIPUR

HOWLY

BARPETA

P.O. AND P.S.-

BARPETA

DIST

- BARPETA

ASSAM. PIN-781316

11:THE PRESIDENT

SCHOOL MANAGEMENT AND

DEVELOPMENT COMMITTEE

HILAPAKARI HIGHER

SECONDARY SCHOOL

JAYPUR

HOWLY

BARPETA

ASSAM

PIN-781316

For the Applicant(s) : Mr. Y. S. Mannan, Advocate For the Respondent(s) : Mr. N. J. Dutta, Advocate BEFORE

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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O R D E R

22.06.2026 Heard Mr. Y. S. Mannan, the learned counsel appearing on behalf of the Applicants who are the Respondent Nos.10 & 11 in the accompanying writ petition.

2. The Applicants herein have sought for vacation of the order dated 16.12.2025 whereby the interim order passed earlier in WP(C) No.1057/2025 was extended till the next date.

3. It is the submission of Mr. Y. S. Mannan, the learned counsel appearing on behalf of the Applicants that when the writ petition being WP(C) No.1057/2025 was disposed of, the interim order merged with the final order dated 11.04.2025 passed in WP(C)

No.1057/2025. Thereupon, when the order dated 11.04.2025 was reviewed vide the order dated 24.11.2025 in Review Petition No.222/2025, the interim order which was passed in WP(C) No.1057/2025 no longer was in existence, and therefore, the interim order could not have been extended vide the order dated 16.12.2025 passed in WP(C) No.1057/2025.

4. It is the opinion of this Court that the said contention is misconceived in as much as vide the order dated 24.11.2025 passed in the Review Petition No.222/2025, when the order dated 11.04.2025 passed in the writ petition was recalled, the interim order passed earlier could not have merged with the order dated 11.04.2025. The interim order which was passed in the writ petition, i.e. the order dated 28.02.2025 revived upon, the writ petition being restored to the file. Under such circumstances, the order so passed by the learned Coordinate Bench of this Court dated 16.12.2025 thereby extending the order dated 28.02.2025 cannot be said to be an error.

5. Accordingly, this Court does not find any merit in the instant application for which the application stands rejected.

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