Disposed

Ajit Ghorsane v. the State of Assam and 6 Ors.

Gauhati HC17 Mar 2023WP(C)/1519/2023

Case brief

AI extract

What is this about?

In this writ petition challenging the selection of an appointee as Gaon Pradhan, the High Court accepted the submission that an alternative remedy lies before the Divisional Commissioner under Rule 162(c) of the Executive Instructions.

What did the court decide?

Petitioner directed to prefer an appeal before the Divisional Commissioner within seven days; interim stay on appointment order of respondent no. 7.

Ajit Ghorsane Vs the State of Assam and 6 Ors. — Service and Employment | Gauhati HC (2023)

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GAHC010059042023

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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)/1519/2023

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AJIT GHORSANE

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C/O SRI HIMDAL GHORSANE, R/O MOWAMARI, ULUWANI, P.O.KUWARITOL, P.S.-ULUWANI, DIST-NAGAON, ASSAM, PIN-782137

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT (CIVIL), DISPUR, GUWHAATI-6, ASSAM

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DM DEPARTMENT ASSAM SECRETARIAT (CIVIL) DISPUR GUWAHATI-6 ASSAM

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3:THE DEPUTY COMMISSIONER DIST-NAGAON NAGAON ASSAM PIN-782001

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4:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) DIST-NAGAON NAGAON ASSAM PIN-782001

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5:THE SUB DIVISIONAL OFFICER (CIVIL) KALIABOR SUB-DIVISION

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KALIABOR DIST-NAGAON ASSAM PIN-782137

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6:THE CIRCLE OFFICER KALIABOR REVENUE CIRCLE P.O.-KALIABOR P.S.-KALIABOR DIST-NAGAON ASSAM PIN-782137

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7:JYOTISHKA BORAH S/O JANA RAM BORAH R/O VILL-KAWOIMARI P.O.-BENGANATI P.S.-ULUWANI DIST-NAGAON ASSAM PIN-78213

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Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV

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Advocate for the Respondent : SC, REVENUE

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 17/03/2023

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Heard Mr. P. Bordoloi, learned counsel for the writ petitioner.

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Assailing the selection of the respondent no. 7 for appointment in the post of Gaon Pradhan of

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the No. 8 Muwamari Lot/Village of Nagaon District, the instant writ petition has been filed.

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According to Mr.Bordoloi, the respondent no. 7 does not fulfill the eligibility norms under the advertisement notice dated 05/09/2022.

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Mr. J.K. Goswami, learned Government Advocate, Assam, has however, pointed out that an

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appeal lies in these matters under Rule 162(c) of the Executive Instructions framed under the Assam Land and Revenue Regulations and, therefore, the petitioner be directed to avail the alternative remedy.

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Mr. Bordoloi, learned counsel for the petitioner has also fairly agreed to the said submission.

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In view of the above, this writ petition stands disposed of by granting 7(seven) days time to the petitioner to prefer an appeal before the Divisional Commissioner, Central Assam. If an appeal is preferred within seven days from today by annexing a certified copy of this order, the same be disposed of as expeditiously as possible but not later than 60 (sixty) days thereafter.

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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. 7.

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The writ petition stands disposed of accordingly.

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JUDGE

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sukhamay

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Comparing Assistant

Ajit Ghorsane v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Ajit Ghorsane v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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