In a civil I.A., the Gauhati High Court examined a petition seeking a stay on an administrative order releasing Gram Pradhans from duty. The Court noted the applicant was not the only person affected by the interim status quo order and closed theApplication, reserving merit for the main writ petition.
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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GAHC010056062023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/711/2023
HAFIZUR RAHMAN,
S/O- AMZAD ALI KHAN, R/O- VILL- NO. 3 BAGHMARA CHAR, P.O. BAGHMARA CHAR, DIST.- BARPETA, ASSAM, PIN- 781127
VERSUS
THE STATE OF ASSAM AND 5 ORS. REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT (L.R.) DEPTT., DISPUR, GHY-6
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (L.R.) DEPTT. DISPUR GHY-6
3:THE COMMISSIONER OF LOWER ASSAM DIVISION PANBAZAR GHY-1 4:THE DY. COMMISSIONER BARPETA P.O. AND DIST.- BARPETA ASSAM PIN- 781301
5:THE CIRCLE OFFICER BAGHBOR REVENUE CIRCLE MANDIA DIST.- BARPETA ASSAM PIN- 781308
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6:SHAHAR ALI KHAN S/O- NABA KHAN VILL- NO. 3 BAGHMARA CHAR P.O. BAGHMARA CHAR DIST.- BARPETA ASSAM PIN- 78112
Advocate for the Petitioner : MR. I H SAIKIA
Advocate for the Respondent : SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 15-03-2023
Heard Mr. I.H. Saikia, learned counsel for the applicant.
By filing this I.A. the petitioner is seeking an order suspending operation of the order dated 02-03-2023 issued by the Circle Officer, Baghbar Revenue Circle by means of which, some In-charge Gram Pradhans have been released from duty and new Gram Pradhans have been entrusted with the charges of the relevant mouzas as indicated in the order dated 02-03-2023.
According to Mr. Saikia the order dated 02-03-2023 has been issued in violation of the order dated 22-02-2023 passed by this Court in W.P.(C) No. 1004/2023, wherein a direction for maintaining status quo has been issued by this Court. Mr. Saikia submits that his client is still functioning as the In-charge Gram Pradhan of Charge No. 33 under Baghmara Char under Baghmara Mouza. If that be so, it cannot be said that the order of
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status quo has been violated in case of the applicant.
Moreover, Mr. J. Handique, learned standing counsel, Revenue & Disaster Management Department, Assam submits that the applicant/ writ petitioner was not eligible under the advertisement notice to participate in the selection process and therefore, the writ petition is not maintainable. Be that as it may, the said aspect of the matter would be gone into as and when the writ petition is taken up on merit. However, since the applicant is continuing to function as the In-Charge Gram Pradhan of Charge No. 33 of Baghbor char, I do not find any justifiable ground to entertain this I.A. and the same is accordingly closed.
It is, however, kept open for the respondents to seek modification of the interim order dated 02-03-2023, if so advised.
Petitioner is also granted liberty to move this Court by filing contempt petition, if his continuance as In-Charge Gram Pradhan is disturbed during the currency of the interim order dated 02-03-2023 in its present form.
I.A. stands disposed of.
JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether status quo maintained by the High Court in W.P.(C) No. 1004/2023 has been violated by the order releasing certain Gram Pradhans from duty.
Hafizur Rahman
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
