Honorary Gaonburahs challenging an advertisement for regular appointments. Bench stayed disposal of earlier batch pending other orders, then disposed petitioners.
Petitioners prayers for setting aside advertisement and regularization rejected. Order disposed of as covered case.
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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GAHC010054502021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6825/2021
ABUL KALAM AZAD AND 16 ORS
S/O LATE SORIF UDDIN,R/O- PATIMARI VILLAGE(KA),PO--GHASBARI,PIN783348,DIST- DHUBRI,ASSAM,LOTNO. 24
2: NISHAN ALI S/O- LATE SUTU SK R/O- VILLAGE TAMAKUBARI PART-I PO-BARKANDA PIN 783348 DIST-DHUBRI ASSAM LOT NO.14
3: KHALILUR RAHMAN S/O- LATE MIAR UDDIN SHEIKH R/O- VILLAGE SUNALOGHURI PO-RANIGANJ PIN- 783345 DIST.- DHUBRI ASSAM LOT NO. 9
4: KHIROD CH. ROY S/O LATE GHAYRAM ROY R/O VILLAGE SUNAMAYI PO-HARALTARI PIN-783337 DIST- DHUBRI ASSAM LOT NO.3
5: MAHOR ALI S/O- LATE GHETARU MUNSHI R/O-VILLAGE NADER KUTI
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PO-GHASBARI LOT NO. 9 DISTRICT- DHUBRI ASSAM PIN-783348 LOT NO.25 6: NOZRUL HOQUE MULLAH S/O LATE BAKTAR ALI MULLAH R/O VILLAGERANGAPANI (KHA) PO- SAPTGRAM PIN-783337 DISTRICT- DHUBRI ASSAM LOT NO-1 7: PANUDDIN SK S/O-LATE AJABUDDIN SHEIKH R/O VILLAGE SUNALOGHURI (KHA) PO-RANIGANJ PIN-783345 DIST.-DHUBRI ASSAM.LOT NO.-9
8: MAHAR ALI S/O-LATE ABURUDDIN SHEIKH R/O- VILLAGE CHARUABHITHA PO- RANIGANJ PIN-783345 DIST.- DHUBRI LOT NO.-25
9: BAKUL CH NATH S/O LATE MANESWAR NATH R/O- VILLAGE SHRIPARA PO-DHANPUR PIN- 783337 DIST- DHUBRI ASSAM LOT NO 6
10: ALI ISLAM S/O- MEHER ALI R/O VILLAGE KHUDIGAON PART-I PO- LAKHIGANJ PIN- 783345 DIST.- DHUBRI ASSAM
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11: SAIYADUR RAHMAN S/O LATE MAHABBAT ALI SARKAR R/O VILLAGE SOILMARI PO- GASHBARI PIN-783348 DIST.-DHUBRI ASSAM LOT NO.26 12: JOBBAR ALI S/O- LATE JOBED ALI R/O-VILLAGE BANDHAPARA
PO- BANGALIPARA PIN-783348 DIST.- DHUBRI ASSAM LOT NO. 38
13: JULHASH ALI S/O- LATE- ISMAIL HUSSAIN R/O- VILLAGE GHARIAL DANGA PART-II PO- MAHAMAYA HAT PIN- 783335 DIST- DHUBRI ASSAM LOT NO-20
14: ZAKIR HUSSAIN S/O- LATE KUTUBUDDIN SHEIKH R/O- VILLAGE KOSLOTTARI PO- HELAGARI PIN-783345 DIST- DHUBRI ASSAM 15: NAUSHAD ALI S/O- LATE ABDUL HOQUE R/O- VILLAGE SESAPANI PART-I PO- DHANPUR PIN- 783337 DIST.- DHUBRI ASSAM LOT NO.2 16: SAHANARA BEGOM D/O- ABDUL GOFUR SARKAR R/O- VILLAGE- ATGHARITARI
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PO- DIGHALTARI PIN- 783335 DIST. -DHUBRI ASSAM 17: RUMI KALITA W/O- NIL MADHAB KALITA R/O- VILLAGE DHANPUR PO- DHANPUR PIN- 783337 DIST- DHUBRI ASSAM LOT NO -
VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM,REVENUE AND DISASTER MANAGEMENT DEPARTMENT ,DISPUR, GUWAHATI-06
2:THE DIRECTOR OF LAND RECORDS AND SURVEY ETC. ASSAM RUPNAGAR GUWAHATI-781032 3:THE DEPUTY COMMISSIONER DHUBRI PO AND PS- DHUBRI PIN-783301 DIST- DHUBRI ASSA
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
05.09.2022
Heard Mr. M.A. Sheikh, learned counsel for the petitioners, who submits that
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the petitioners are working as Honorary Gaonburahs in their respective villages and that they had assumed the responsibilities of Gaonburahs on the request of the public. Further, the petitioners were allowed to continue as Honorary Gaonburahs in pursuant to the order dated 08.10.2014, issued by the Deputy Commissioner, Dhubri, in pursuant to the order dated 21.05.2014 passed in WP(C) 2489/2014.
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of, in terms of the order dated 11.08.2022 passed in WP(C) No.4694/2018.
“6. The contention of the respondents that Gaon Buras being statutory authorities are recognized by the law and the law having provided for a definite procedure and eligibility for being appointed as Gaon Buras and therefore no appointment or regularization to the post of Gaon Bura can be made de-horse the said procedure, cannot be said to be wholly unacceptable or contrary to any law. Accordingly, we have to accept that the claim of the writ petitioners to be regularized as Gaon Buras in the circumstances that they are discharging the duties and responsibilities of Gaon Buras on an honorary basis being appointed by the public also cannot be accepted.
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petition is also disposed of, in line with the order dated 11.08.2022 passed in WP(C) No.4694/2018. Consequently, the prayers of the petitioners are rejected.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioners, working as honorary Gaonburahs, can be regularized to the post of Gaonburah to challenge an advertisement for appointment.
Whether the advertisement dated 06.07.2018 for appointment to the post of Gaonburah can be set aside.
Whether the current petition is a covered case in terms of the order passed in WP(C) No. 4694/2018.
Colour shows how this judgement treated each authority
WP(C) No. 4694/2018Followed¶35
ABUL KALAM AZAD AND 16 ORS
STATE OF ASSAM
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
