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

Cites 0, Cited by 0

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

No citing decisions in the index yet

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…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead