Dismissed

Manika Kalita Barman v. the State of Assam and 3 Ors.

Gauhati HC4 Oct 2019WP(C)/7622/2019

Case brief

AI extract

What is this about?

Gaunburha's widow, the petitioner, approached the court challenging the appointment of a Gaonburha. The petition's counsel sought time for appeal. The court granted two weeks to prefer the appeal, allowed withdrawal, and ordered maintenance of status quo.

What did the court decide?

Time of two weeks granted for appeal; withdrawal allowed; status quo maintained until appeal filed.

Manika Kalita Barman Vs the State of Assam… — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010248292019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 7622/2019

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1:MANIKA KALITA BARMAN

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W/O LT. MANORANJAN BARMAN, R/O VILL. JAPARKUCHU, P.. TERESIA, P.S. AND DIST. NALBARI, ASSAM, PIN-781335

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VERSUS

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1:THE STATE OF ASSAM AND 3 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY REVENUE AND D.M. (L.R), DEPTT. ASSAM, SECREATARIAT, CIVIL, DISPUR, GUWAHATI-6

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2:DEPUTY COMMISSIONER NALBARI NALBARI ASSAM PIN-781335

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3:RAJANI BARMAN S/O GARGA RAM BARMAN R/O VILL. JAPARKUCHI P.O TERESIA P.S. AND DIST. NALBARI ASSANM PIN-781335

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4:PRAMOD BARMAN S/O LT. SUREN BARMAN R/O VILL. JAPARKUCHI P.O TERESIA P.S. AND DIST. NALBARI ASSANM PIN-78133

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Advocate for the Petitioner : MR. S K GOSWAMI

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Advocate for the Respondent : SC. REVENUE

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Page No.# 2/2

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BEFORE

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THE HON’BLE MR JUSTICE PRASANTA KUMAR DEKA ORDER

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04.10. 2019

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Heard Mr. S. K. Goswami, learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel for the Revenue Department and Mr. D. Nath, learned Additional Senior Government Advocate for the respondent No. 2.

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This writ petition involves the issue of appointment of Gaonburha and the petitioner is the wife of the deceased Gaonburha of Village Japarkuchi in the district of Nalbari who was also a candidate of the selection process for the post of Gaonburha of Japarkuchi village in the district of Nalbari. As stipulated under the Executive Instructions under the Assam Land & Revenue Regulation, 1886, an appeal lies against the order of appointment, suspension and dismissal of a Gaonburha before the Commissioner of Lower Assam Division.

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Mr. Goswami fairly submits that he will prefer an appeal and for that purpose, he requires 2 (two) weeks time. Accordingly time is granted and allow to withdraw this writ petition by granting liberty to file appeal before the appropriate forum within a period of 2 (two) weeks from today and in the meantime status quo in respect of the selection process for the post of Gaonburha in respect of Japarkuchi village in the district of Nalbari shall be maintained till the appeal is filed and notice is issued to the respondents.

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JUDGE

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Comparing Assistant

Manika Kalita Barman v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Manika Kalita Barman v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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