Gauhati High Court
I.A.(Civil)/1831/2026 of PHWJWNGSHAR BASUMATARY AND ANR Vs THE STATE OF ASSAM AND 9 ORS. on 4 June 2026
GAHC010276982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1831/2026 PHWJWNGSHAR BASUMATARY AND ANR S/O LATE LANKESWAR BASUMATARY, PAMUAPATHAR M.E. SCHOOL, R/O VILL- NIZ JULUKI, P.O.- BARAMA, DIST- BAKSA, BTAD, ASSAM,
GAHC010276982025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1831/2026
PHWJWNGSHAR BASUMATARY AND ANR
S/O LATE LANKESWAR BASUMATARY, PAMUAPATHAR M.E. SCHOOL, R/O
VILL- NIZ JULUKI, P.O.- BARAMA, DIST- BAKSA, BTAD, ASSAM, PIN- 781315
2: PRAMILA BASUMATARY
W/O DIPAN SWARGIARY
ASSISTANT TEACHER
LATIBARI GIRLS M.E. SCHOOL
R/O VILL- UTTAR GANDIBARI
P.O.- GANDHIBARI
DIST- BAKSA
BTAD
ASSAM
PIN- 78131
VERSUS
THE STATE OF ASSAM AND 9 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPTT. OF
ELEMENTARY EDUCATION, DISPUR, GUWAHATI-06
2:THE COMMISSIONER AND SECRETARY
DEPARTMENT OF FINANCE
DISPUR
GUWAHATI-06
3:THE COMMISSIONER AND SECRETARY
WPT AND BC DEPARTMENT
DISPUR
GUWAHATI-06
4:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE SECRETARY
BTC
KOKRAJHAR
5:THE PRINCIPAL SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
6:THE SECRETARY
DEPARTMENT OF EDUCATION
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
7:THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
8:THE DISTRICT ELEMENTARY EDUCATION OFFICER
MUSHALPUR
BAKSA
ASSAM
9:THE BLOCK ELEMENTARY EDUCATION OFFICER
TIHU - BARAMA BLOCK
BAKSA
ASSAM
10:THE DEPUTY INSPECTOR OF SCHOOLS
TIHU BARAMA
BAKSA
BTAD
ASSA
Advocate for the Petitioner : MRS. K DEVI, MR. A DEKA
Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE,SC, WPT AND BC,SC, BTC
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE PRANJAL DAS
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 05.06.2026
Heard Ms. K. Devi, learned counsel for the applicants-appellants; Ms. B. Deka, learned Standing Counsel, Elementary Education Department, Government of Assam for the opposite party-respondent no. 1; Ms. B. Bhuyan, learned Senior Counsel and Senior Standing Counsel, BTC assisted by Ms. J. Saikia, learned counsel for the opposite party-respondent nos. 4-10; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the opposite party- respondent no. 2; and Mr. R. Dhar, learned Standing Counsel, WPT and BC for the opposite party-respondent no. 3.
2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 119 days, which had occurred in filing the accompanying writ appeal against a Judgment and Order dated 14.07.2025 passed in a batch of writ petitions including W.P.[C.] no. 6020/2017.
3. We have gone through the statements and averments made in the instant application, more particularly, Paragraph-6 thereof. Ms. Devi, learned counsel for the applicants-appellants has submitted that another writ appeal, W.A. no. 84/2026, against the same common Judgment and Order 14.07.2025 has already been registered after condonation of the delay period.
4. The learned counsel for the opposite parties-respondents have submitted that they have no objection if the delay is condoned and the accompanying writ appeal is heard on merits.
5. Having gone through the statements and averments made in the instant application, we are of the considered view that the applicants-appellants have been able to make out sufficient cause in not filing the accompanying writ appeal in time. As the period of delay is also not substantial, the instant application is allowed.
6. The Registry to register the accompanying writ appeal and thereafter to list the same for admission.
JUDGE JUDGE Comparing Assistant