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2026 DAILYLAW 15340 (GAU)

MD INTAZ ALI v. THE STATE OF ASSAM AND 4 ORS.

I.A.(Civil)/3258/2026 · 2026-09-27

Kalyan Rai Surana, Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/4 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 Page No.# 2/4 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 Page No.# 3/4 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 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. Page No.# 4/4 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