Disposed

Ikramul Hussain v. the State of Assam and 5 Ors.

Gauhati HC1 Mar 2023WP(C)/1148/2023

Case brief

AI extract

What is this about?

This writ petition challenged the selection of an ineligible candidate for the post of Gaon Pradhan. The court directed the appropriate authority to dispose of the valid appeal against the selection within eight weeks and restrained the issuance of the appointment order until the appeal's outcome.

What did the court decide?

The petitioner shall file an appeal under Section 162(c) of the Executive Instruction. The respondent authority shall dispose of it within eight weeks. No appointment order shall be issued in favour o

Ikramul Hussain Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010046172023

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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)/1148/2023

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IKRAMUL HUSSAIN

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S/O- ABUL HUSSAIN MANDAL, R/O- VILL.- ALOPATI CHAR NC, P.O. ALOPATI, DIST. BARPETA, ASSAM, PIN- 78127.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT (L.R.) DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (L.R.) DEPARTMENT DISPUR GUWAHATI-6.

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3:THE COMMISSIONER OF LOWER ASSAM DIVISION PANBAZAR GUWAHATI-1.

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4:THE DEPUTY COMMISSIONER BARPETA P.O. AND DIST. BARPETA ASSAM PIN- 781301.

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5:THE CIRCLE OFFICER BAGHBOR REVENUE CIRCLE MANDIA DIST. BARPETA ASSAM PIN- 781308.

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Page No.# 2/3

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6:SANOWAR HUSSAIN S/O- ABUL HUSSAIN MANDAL R/O- VILL.- ALOPATI CHAR NC P.O. ALOPATI DIST. BARPETA ASSAM PIN- 781127

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Advocate for the Petitioner : MR. I H SAIKIA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 01/03/2023

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Heard Mr. I.H. Saikia, learned counsel for the writ petitioner.

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In response to the advertisement notice dated 03/p09/2022, the writ petitioner herein, had submitted an application for appointment as Gaon Pradhan in respect of Charge No. 17, Baghbor Mouza, Baghbor Revenue Circle in the district of Barpeta. However, on conclusion of the selection process, the respondent no. 6 was selected for appointment as Gaon Pradhan. According to the petitioner, the respondent no. 6 does not fulfill the eligibility norms under the advertisement notice dated 03/09/2022. Notwithstanding the same, he has been selected for appointment as Gaon Pradhan.

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Mr. Saikia submits that on 22/02/2023, the petitioner had submitted an appeal before the respondent no. 3 assailing the selection of the respondent no. 6 for appointment as Gaon Pradhan. However, till date no action has been taken to dispose of the said appeal.

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Ms. A. Talukdar, learned Government Advocate, Assam and Mr. S. Dutta, leaned Standing

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Page No.# 3/3

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Counsel, Revenue Department, Assam, appearing for the official respondents, have submitted that an appeal would lie under section 162(c) of the Executive Instruction issued under the Assam Land and Revenue Regulations and, therefore, the respondent no. 3 would be required to dispose of the said appeal by a reasoned order.

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In view of the above and considering the facts and circumstances of the case, this writ petition is being disposed of by providing that the respondent no, 3 shall consider the appeal filed by the petitioner, as expeditiously as possible but not later than 8(eight) weeks and dispose of the same by a reasoned order.

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Until such time, the appeal is disposed of, no order of appointment shall be issued in favour of the respondent no. 6.

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JUDGE

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sukhamay

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Comparing Assistant

Ikramul Hussain v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Ikramul Hussain v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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