Disposed

Sri Jayanta Chaudang v. the State of Assam and 3 Ors.

Gauhati HC3 May 2023WP(C)/2279/2023

Case brief

AI extract

What is this about?

Petitioner challenged the selection of a political party member as Gram Pradhan. The court directed the petitioner to file an appeal under the specific rule and granted a week to file it, with an interim protection order subject to conditions.

What did the court decide?

Granted a week to file an appeal before the Divisional Commissioner; interim protection granted subject to conditions; no appointment order in meantime to be done without verification.

Sri Jayanta Chaudang Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010089172023

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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)/2279/2023

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SRI JAYANTA CHAUDANG S/O SHRI HARENDRA CHOUDANG R/O VILL- GAGOLMARI P.O. KOROTIPAM, P.S. MORIGAON DIST. MORIGAON

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT( LAND REVENUE) DISPUR, GUWAHATI-06

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2:THE DEPUTY COMMISSIONER

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MORIGAON ASSAM

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3:THE SELECTION BOARD

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OFFICE OF THE DEPUTY COMMISSIONER

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MORIGAON REP. BY THE DEPUTY COMMISSIONER MORIGAON

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4:SRI MRIDUL KR. BORDOLOI S/O KANAK CH. BORDOLOI R/O VILL-GAGOLMARI P.O. KOROTIPAM P.S. MORIGAON

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Page No.# 2/3

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DIST MORIGAON ASSAM PIN-78210

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Advocate for the Petitioner : MR S BORTHAKUR

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 03-05-2023

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Heard Mr. S. Borthakur, learned counsel for the writ petitioner.

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Assailing the selection of respondent No. 4 for appointment as Gram Pradhan of village Garajan, Gagolmari, Khukutiputahabi, Korotipam, Kacharigaon and Kopoujari under Niz-Ghaguwa Mouza of Mayong Revenue Circle by contending that the respondent No. 4 was not eligible to apply as per the advertisement notice dated 07-07-2022, the instant writ petition has been filed. Mr. Borthakur submits that the respondent No. 4 is an active member of a political party and therefore, he was not eligible to participate in the selection process for appointment as Gram Pradhan.

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Mr. D. Bora, learned Govt. Advocate, Assam and Mr. S. Dutta, learned standing counsel, Revenue & DM Department, Assam have submitted in tandem that in these matters, there is provision for preferring appeal under Rule 162(C) of the Executive Instruction framed under the Assam Land and Revenue Regulation, 1886 and therefore, the petitioner be directed to avail the alternative/ appellate remedy.

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Page No.# 3/3

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Mr. Borthakur has agreed to such a proposition but seeks an interim order of protection till such time the appeal is decided.

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Having heard the submission of learned counsel for the parties and as agreed to by them, this writ petition is being disposed of at the stage of motion hearing by granting a week’s time to the petitioner w.e.f. today to prefer an appeal before the Divisional Commissioner, Central Assam agitating his grievance in the matter.

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If such an appeal is filed within a week from today by annexing a certified copy of this order, the same may be considered on merit and dispose of by a reasoned order after giving an opportunity of being heard to the affected parties.

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The aforesaid exercise be carried out and completed, as expeditiously as possible, but not later than 60 days from the date of receipt of a certified copy of this order.

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If no order of appointment has, in the meantime, been issued in favour of the respondent No. 4, the same shall not be done without proper verification of the compliant made by the writ petitioner.

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Writ petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Sri Jayanta Chaudang v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Sri Jayanta Chaudang v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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