Dismissed

Hoijuddin Khandakar v. the State of Assam and 4 Ors.

Gauhati HC15 May 2023WP(C)/2602/2023

Case brief

AI extract

What is this about?

Clarifying Assistant The Gauhati High Court disposed of a writ petition challenging the selection of Sarat Deka as Gram Pradhan. It permitted the petitioner a week to prefer an appeal under relevant rules. The court stayed the appointment order by the lower authorities pending the outcome of such an appeal.

What did the court decide?

Permission to prefer an appeal within a week; appointment of Respondent No.5 stayed pending verification of allegations.

Hoijuddin Khandakar Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010095122023

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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)/2602/2023

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HOIJUDDIN KHANDAKAR S/O- LATE HAMID ALI, R/O- VILLAGE- SALIKAJHAR, P.O.- BURHA, DISTRICT- DARRANG, ASSAM, PIN- 784148.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY COMMISSIONER AND SECRETARY, REVENUE DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI- 06.

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2:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT SELECTION BOARD DARRANG MANGALDOI PIN- 784125.

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3:PRANAB KUMAR SARMA FORMER DEPUTY COMMISSIONER CUM CHAIRMAN

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DISTRICT SELECTION BOARD DARRANG

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MANGALDOI PIN- 784125.

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4:MUNINDRA NATH NGATEY DEPUTY COMMISSIONER DARRANG

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MANGALDOI PIN- 784125.

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5:SARAT DEKA S/O- HARI DEKA R/O- VILLAGE- BORBORI

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PO.- BURHA DISTRICT- DARRANG ASSAM PIN- 784148

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Advocate for the Petitioner : MR. P MAHANTA

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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 : 15-05-2023

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

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The petitioner is aggrieved by the selection of the respondent No. 5 for appointment as Gram Pradhan in respect of Salikajhar, Borbori village, Lat No. 10 of Bonmajha Mouza under Patharighat Revenue Circle in the district of Darrang.

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By taking the Court through the pleadings in this writ petition, Mr. Mahanta has argued that there are some serious anomalies in the preparation of the select list and therefore, the matter deserves examination by this Court.

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Responding to the above, Mr. J.K. Goswami, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondent No. 2 has urged that since the selection of the

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respondent No. 5 for appointment to the post of Gram Pradhan is under challenge, hence, the petitioner be directed to avail the appellate remedy under Rule 162(C) of the Executive Direction framed under the Assam Land & Revenue Regulation, 1886.

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Mr. S. Dutta, learned standing counsel, Revenue Department, Assam also submits that similar orders have been passed by this Court in such matters.

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In view of the above and as agreed to by the learned counsel for the parties, this writ petition is being disposed of at the stage of motion hearing by permitting a week’s time to the petitioner to prefer an appeal under Rule 162(C) before the jurisdictional Divisional Commissioner, ventilating his grievance in the matter.

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If such an appeal is preferred within a week from today by enclosing a certified copy of this order, the same be considered on merit and dispose of with a reasoned order, preferably within a period of 60 days thereafter.

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Until such time the allegation made by the petitioner is verified, no order of appointment shall be issued in favour of the respondent No. 5, if not already done.

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With the above observation, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Hoijuddin Khandakar v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Hoijuddin Khandakar v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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