Gauhati High Court
I.A.(Civil)/578/2026 of MD MOTIUR RAHMAN Vs THE STATE OF ASSAM AND 4 ORS on 9 June 2026
GAHC010035342026 2026:GAU-AS:8163- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/578/2026 MD MOTIUR RAHMAN S/O LATE AHSAN ULLAH, R/O VILL. LALIPATHER, P.O. BECHAMARI, P.S. DHING, DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND
GAHC010035342026
2026:GAU-AS:8163-
DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/578/2026
MD MOTIUR RAHMAN
S/O LATE AHSAN ULLAH, R/O VILL. LALIPATHER, P.O. BECHAMARI, P.S.
DHING, DIST. NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE INSPECTOR OF SCHOOLS
NAGAON DISTRICT CIRCLE
NAGAON
P.O AND DISTRICT- NAGAON
ASSAM.
4:MD. SADIQUE ANWAR
SON OF MD. ABDUL HASHIM
VILLAGE- RAMPUR SATRA
P.O- CHALA PATHAR
PS- BATADRAVA
DISTRICT- NAGAON
ASSAM
PIN-782124.
5:SMT. ANJANA SAIKIA BORAH
WIFE OF SRI DIPAK CHANDRA BORAH
RESIDENT OF KUWARITOL
P.S- KALIABOR
DISTRICT- NAGAON
ASSAM
Advocate for the Petitioner : MR. D P BORAH, MR U GHOSH
Advocate for the Respondent : SC, SEC. EDU., MR M H CHOUDHURY(R4),MS. ASMINA
BEGUM(R4),MR. M A SHEIKH(R4)
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 10.06.2026 (Nelson Sailo, J)
1. Heard Mr. T.P Borah, learned counsel appearing on behalf of Mr. D.P Borah, for the application. Also heard Mr. T. Thakuria, learned counsel for the respondent No. 1, 2 and 3 and Ms. A. Begum, learned counsel for respondent No. 4.
2. By filing this application, the applicant seeks condonation of delay of 47 days in preferring the connected Writ Appeal filed against the judgment and order dated 10.09.2018 passed in WP(C) No.1169 of 2011. Referring to the application, the learned counsel for the applicant submits that the delay is on account of coming to know about the judgment and order belatedly. He further submits that there is no latches or negligence on the part of the applicant to prefer the appeal and therefore the delay may be condoned.
3. The learned counsel for the respondent No.1, 2 and 3 submits that he has no objection if the delay is condoned and that the appeal may be heard on merits.
4. The learned counsel for the respondent No.4 however submits that the applicant does not have the locus standi to file the instant appeal in view of the fact that the applicant is a teacher of a private institution and also a third party.
5. The above submission does not appeal to us as at the moment, this Court is concerned with the condonation of delay while the objection raised by the respondent No.4 is on the maintainability of the writ appeal. Having regard to the submissions made by the parties and the fact that delay is of 47 days only, the explanation tendered by the applicant in our considered opinion is acceptable and accordingly we condone the delay of 47 days in preferring the connected appeal.
6. The I.A. stands disposed of.
7. The Registry shall register the writ appeal and list the same for consideration after 1 (one) week.
JUDGE JUDGE
Comparing Assistant