The court directed the Commissioner to dispose of the petitioner's pending appeal within eight weeks and restrain appointment of the rival candidate pending disposal.
Directed Respondent 2 to dispose of pending appeal within 8 weeks and restrain appointment of respondent 5.
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.
Page No.# 1/3
GAHC010041622023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1123/2023
AYNAL HOQUE
S/O- LATE HAZRAT ALI, VILL.- AG MANDIA (MANDIA), P.S. BAGHBOR, P.O. MANDIA BAZAR, DIST. BARPETA, PIN- 781308.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT (LR) DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER OF LOWER ASSAM DIVISION PANBAZAR GUWAHATI-1.
3:THE DEPUTY COMMISSIONER BARPETA P.O. AND DIST. BARPETA ASSAM PIN- 781302.
4:THE CIRCLE OFFICER BAGHBOR REVENUE CIRCLE MANDIA.
5:PORASH ALI S/O- HAZRAT ALI VILL.- PAHARPUR KATULI P.S. BAGHBOR DIST. BARPETA PIN- 781308
Page No.# 2/3
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 01-03-2023
Heard Mr. A. Roshid, learned counsel for the writ petitioner. Also heard Mr. C.S. Hazarika, learned Govt. Advocate, Assam as well as Mr. S. Dutta, learned standing counsel, Revenue & Disaster Management Department, Assam appearing for the official respondents.
The writ petitioner herein had applied for the post of Gram Pradhan for Charge No. 15, Circle – Baghbor of village Ag Mandia under Barpeta district in response to the advertisement notice dated 03-09-2022. On completion of the selection process, the respondent No. 5 was selected for appointment as Gram Pradhan.
According to the writ petitioner, the respondent No. 5 has three children and therefore, he did not meet the eligibility criteria under the advertisement notice dated 0309-2022. Notwithstanding the same, his name has been recommended for appointment as Gram Pradhan.
Mr. Rashid submits that his client has filed an appeal which was registered as RR No. 4/2023 before the Lower Assam Commissioner on 09-01-2023. But till today, no steps have been taken for disposal of the appeal. Aggrieved thereby, this writ petition has been
Page No.# 3/3
filed.
There is no doubt or dispute about the fact that appellate remedy is available to the petitioner under Section 162(c) of the Executive Instruction issued under Assam Land & Revenue Regulation. It that be so, the respondent No. 2 would be obliged to dispose of the appeal filed by the petitioner, in accordance with law.
In view of the above and as agreed to by the learned counsel for both the sides, this writ petition is being disposed of by directing the respondent No. 2 to consider the appeal preferred by the petitioner and dispose of the same by a reasoned order, as expeditiously as possible, preferably within 08 weeks from the date of receipt of a certified copy of this order.
Until such time, the appeal is disposed of, no order of appointment shall be issued in favour of the respondent No. 5.
With the above observation, this writ petition stands disposed of.
JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether the Commissioner is obliged to dispose of the petitioner's appeal within a specified time.
1 provisions across 1 enactments
AYNAL HOQUE
THE STATE OF ASSAM
COMMISSIONER LOWER ASSAM DIVISION
DEPUTY COMMISSIONER BARPETA
CIRCLE OFFICER BAGHBOR
PORASH ALI
SUMAN SHYAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
