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2026 DAILYLAW 7429 (GAU)

PHWJWNGSHAR BASUMATARY AND ANR v. THE STATE OF ASSAM AND 9 ORS.

I.A.(Civil)/1831/2026 · 2026-06-04

Manish Choudhury, Pranjal Das

body2026

Judgment text

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Page No.# 1/4 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 Page No.# 2/4 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 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 Page No.# 3/4 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. Page No.# 4/4 JUDGE JUDGE Comparing Assistant