In this writ petition challenging a transfer order of a Panchayat worker, the Court held that considering the lapse of over three years, the petition is closed. The interim stay order was vacated.
Writ petition closed; interim stay order dated 14.10.2015 vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010231812015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6407/2015
1:MD. ATOWAR RAHMAN
S/O LT. RAMJAN ALI R/O VILL and P.O. PINGALESWAR VIA BAIHATA CHARIALI, DIST. KAMRUP, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI -6.
2:THE COMMISSIONER PANCHAYAT AND RURALD EVELOPMENT ASSAM PANJABARI GUWAHATI -37.
3:THE DEPUTY COMMISSIONER KAMRUP AMINGAON GUWAHATI- 781031.
4:THE CHIEF EXECUTIVE OFFICER KAMRUP R ZILLA PARISHAD PANBAZAR GUWAHATI-1.
5:THE BLOCK DEVELOPMENT OFFICER KAMALPUR DEV. BLOCK KAMRUP PIN - 78380 ASSAM.
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MODERTOLA GOAN PANCHAYAT KOLAJAL, PIN – 78380, KAMRUP, ASSAM.
7:MOHSEN ALI SAIKIA
PRESIDENT, MODRTOLA GAON PANCHAYAT KOLAJAL, PIN – 781380, KAMRUP, ASSAM
Advocate for the Petitioner : MR.SK MUKTAR
Advocate for the Respondent : MR.M ISLAMR-7
BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 02-09-2019
Heard Mr. S. K. Muktar, learned counsel for the petitioner and Mr. N. Goswami, learned Govt. Advocate for the State respondent.
This matter involves with the transfer order dated 14.08.2015 of the petitioner from Modertola Gaon Panchayat in the district of Kamrup under Kamalpur Anchalik Panchayat of Kamrup Zilla Parishad to Samaguri Gaon Panchayat under Bajiagaon Anchalik Pachayat of Nagaon Zilla Parishad. By way of interim order dated 14.10.2015, the impugned order dated 14.8.2015 was stayed. Considering the period elapsed since the date of transfer which is more than three years, under such circumstances, in my opinion and keeping in view the submission of learned counsel, this writ petition is closed. Interim order passed on 14.10.2015 stands vacated.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition intoa transfer order should be decidedafter a lapse of three years.
Whether the interim stay order on the transfer should be vacated.
Md. Atowar Rahman
The State of Assam
Mohsen Ali Saikia
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
