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2026 DAILYLAW 6212 (GAU)

SRI DIBAKAR MISHRA (PRESIDENT) AND ORS v. THE STATE OF ASSAM AND ORS

CRP(IO)/528/2025 · 2026-05-17

Kalyan Rai Surana

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Judgment text

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Page No.# 1/4 GAHC010279972025 2026:GAU-AS:6853 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/528/2025 SRI DIBAKAR MISHRA (PRESIDENT) AND ORS S/O-LATE KHAGENDRA NATH MISHRA . R/O-VILLAGE-BHAKUATEPA, P.O- RAULY, P.S-SARTHEBARI DISTRICT- BARPETA, ASSAM PIN-781311 2: SRI SABIN CHANDRA NATH (SECRETARY) S/O-LATE MONOMOHAN NATH. R/O- VILLAGE-BHAKUATE P.O-RAULY P.S-SARTHEBARI DISTRICT-BARPETA ASSAM PIN-781311 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GHY-06. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-06 3:THE SAMAGRA SHIKSHA ABHIJAN ASSAM REPRESENTED BY THE MISSION DIRECTOR KAHILIPARA GHY-06. 4:THE INSPECTOR OF SCHOOL BARPETA DISTRICT CIRCLE BARPETA Page No.# 2/4 ASSAM. 5:THE B R MILAN HIGH SCHOL BHAKUATEPA REPRESENTED BY THE HEAD MASTER CUM SECRETARY OF THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE P.O.- RAULY P.S.- SARTHEBARI DISTRICT- BARPETA ASSAM 6:THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE OF B R MILAN HIGH SCHOOL BHAKUATEPA P.O. RAULY REPRESENTED BY ITS MEMBER SECRETARY CUM IN-CHARGE HEAD MASTER P.O.- RAULY DISTRICT- BARPETA ASSA Advocate for the Petitioner : MR SAIFUL ISLAM, M. SAIKIA,MS. M BEGUM,MR. M U MAHMUD,MR S H MAHMUD Advocate for the Respondent : SC, SEC. EDU., SC, SSA BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 18.05.2026 Heard Mr. M.U. Mahmud, learned counsel for the petitioner and also heard Ms. R. Bujor Baruah, learned standing counsel for the Education Department representing respondent nos. 1 to 4. 2. The petitioners as plaintiffs had filed a civil suit aggrieved by orders passed by the Inspector of Schools, Barpeta District Circle, Barpeta by which the Head Master In-Charge of B.R. Milan High School, Bhakuatepa was requested to maintain the school address as recommended by the enquiry Page No.# 3/4 committee as referred in the said impugned order dated 14.11.2025. In the plaint prayers were made, interalia, for decree for declaration for cancellation of impugned orders dated 06.11.2025 and consequential order dated 14.11.2025; for declaration to continue the address of the school as Bhakuatepa in the record of the school; for maintenance of status quo, permanent injunction, etc. 3. The learned Court of Civil Judge (Senior Division), Barpeta by impugned order dated 21.11.2025, returned the plaint to the plaintiffs on the ground that no notices as per Section 80 (1) CPC was issued and that the plaint did not contain a single word to show the nature of seriousness and urgency. By a separate order passed on 21.11.2025, the proceedings of Misc (J) Case No. 238/2025, returned the said Misc case to the petitioners. 4. Aggrieved by the said two orders dated 21.11.2025, by which proceedings of T.S. Case No. 132/2025 and Misc (J) Case No. 238/2025 were returned, this revision under Article 227 of the Constitution of Inda has been filed to assail the order dated 17.04.2025, passed by the Inspector of Schools, Barpeta District Circle, Barpeta by which instructions were issued for the name and address of the school as B.R. Milan High School, Bhakuatepa; and to avail the impugned order dated 17.04.2025. 5. While assailing the impugned orders dated 21.11.2025, the challenge is also made to order dated 14.11.2025, by the Inspector of Schools, Barpeta District Circle, Barpeta, the Court had put the learned counsel for the petitioner to notice that if the instant application is decided on merit in respect of order dated 14.11.2025, it would preclude the petitioners to make any further challenge before any Court. Page No.# 4/4 6. Accordingly, the learned counsel for the petitioner seeks liberty to withdraw this petition to approach again in an appropriate manner. 7. This CRP (IO) filed under Article 227 of the Constitution of India is dismissed on withdrawal with liberty as prayed for. JUDGE Comparing Assistant