This writ petition challenging the selection of a Gaon Pradhan was dismissed as the petitioner failed to approach the executive authority first. The court directed the petitioner to file a representation to the Deputy Commissioner.
Petitioner granted liberty to file a representation to the Deputy Commissioner within two weeks.
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GAHC010113642022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3911/2022
NARESWAR KALITA
S/O- NAGEN KALITA, R/O- VILLAGE SRIHATI, P.O. SRIHATI, P.S. SUALKUCHI, DIST. KAMRUP, ASSAM. PIN- 781103.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE SELECTION BOARD FOR THE SELECTION OF GAON PRADHAN OF VILLAGE SRIHATI UNDER KAMRUP DISTRICT REPRESENTED BY ITS MEMBER-SECRETARY DEPUTY COMMISSIONER KAMRUP.
3:THE DEPUTY COMMISSIONER KAMRUP AMINGAON ASSAM.
4:THE ADDL. DEPUTY COMMISSIONER (REVENUE) KAMRUP P.O.- AMINGAON DIST.- KAMRUP ASSAM.
5:THE CIRCLE OFFICER HAJO REVENUE CIRCLE KAMRUP ASSAM.
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6:MANAB NATH S/O LATE PRAVAT NATH RESIDENT OF VILLAGE SUALKUCHI P.S. SUALKUCHI DIST- KAMRUP ASSAM PIN- 781103
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 15-06-2022
Heard Ms. T. Som, learned counsel for the petitioner, who submits that the petitioner is aggrieved with the selection of the respondent No. 6 as Gaon Pradhan of village Srihati Pub Bongshar, Hajo, District Kamrup.
2. The petitioner’s counsel submits that the petitioner, being the son of the previous Gaon Bura and having a recommendation letter in his favour issued by the Mauzadar of Pub Bongshar Mauza, Kamrup, the petitioner has not been given the requisite marks for being the son of the previous Gaon Bura. Further, the respondent No. 6 is not a resident of the village. She accordingly submits that the selection of the respondent No. 6 as Gaon Bura should be cancelled by the Deputy Commissioner, Kamrup.
3. Mr. J. Handique, learned counsel for the Revenue Department and Mr. D. Borah, learned counsel for the respondent Nos. 2 to 5 submit that the petitioner has not approached the Deputy Commissioner with his grievance, prior to
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approaching this Court. Further, in terms of Executive Instructions No. 162 C, an appeal can be filed against the order of appointment, suspension and dismissal of a Gaon Bura before the Divisional Commissioner, within a period of 60 (sixty) days from the date on which the petitioner receives a copy of the order of appointment etc. In the present case, no appointment order has been issued as on date.
4. On considering the fact that the petitioner has not approached the authority prior to coming to this Court, this Court is of the view that the petitioner would have to first approach the authority, with regard to his grievance.
5. Accordingly, this writ petition is dismissed, as there is an alternative remedy available.
6. The petitioner is accordingly given the liberty to file a representation to the Deputy Commissioner concerned, within 2 (two) weeks from today. The Deputy Commissioner shall thereafter take a decision on the petitioner’s representation, within a reasonable time.
7. The Writ Petition is accordingly disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner can approach the High Court while not having exhausted the alternative remedy of approaching the Deputy Commissioner.
NARESWAR KALITA
THE STATE OF ASSAM
THE SELECTION BOARD FOR THE SELECTION OF GAON PRADHAN OF VILLAGE SRIHATI UNDER KAMRUP DISTRICT
THE DEPUTY COMMISSIONER KAMRUP AMINGAON ASSAM
THE ADDL. DEPUTY COMMISSIONER (REVENUE) KAMRUP
THE CIRCLE OFFICER HAJO REVENUE CIRCLE KAMRUP ASSAM
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
