Partly allowed

Kismat Ali v. the State of Assam and 2 Ors.

Gauhati HC11 Apr 2023WP(C)/625/2023

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition contesting the appointment of a third respondent as Gaon Pradhan for non-fulfillment of non-affiliation criteria, granting time to prefer a statutory appeal under Rule 162(c) while keeping the interim order in force.

What did the court decide?

Direction granted to the petitioner to prefer a statutory appeal under Rule 162(c) within seven days.

Kismat Ali Vs the State of Assam and 2 Ors. — Public Procurement and Tenders | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010022552023

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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)/625/2023

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KISMAT ALI S/O- HABIBAR RAHMAN, R/O- RADHAKUCHI, P.O.- RADHAKUCHI, DIST.- BARPETA, PIN- 781309, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE REVENUE AND DISASTER MANAGEMENT DEPTT., DISTRICT- KAMRUP(M), GUWAHATI- 781006, ASSAM.

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2:THE DEPUTY COMMISSIONER BARPETA MUSLIMPATTY

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DIST.- BARPETA PIN- 781301.

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3:DILBAR ALI S/O- NABJESH ALI R/O- RADHAKUCHI P.O. RADHAKUCHI

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DIST.- BARPETA PIN- 781309 ASSAM

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Advocate for the Petitioner : MR. M K CHOUDHURY

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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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11.04.2023

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Heard Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. T. C. Chutia, learned Addl. Sr. Govt. Advocate, Assam appearing for the official respondents. Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. J. Islam is present on behalf of the respondent No.3.

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The petitioner herein is aggrieved by the selection of respondent No.3 for appointment in the post of Gaon Pradhan of Charge No.14, Mouza – Nagaon, Barpeta Revenue Circle, District – Barpeta on the ground that the respondent No.3 does not fulfil the eligibility criteria laid down in the advertisement notice dated 03.09.2022 as regards non- affiliation to any political party.

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Taking note of the plea raised in the writ petition, this Court, while issuing notice upon the respondents, had passed an interim order dated 08.02.2023 restraining the respondents from issuing the order of appointment in favour of the

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respondent No.3, without proper verification of the complaint of the petitioner. Consequently, no order of appointment has been issued in favour of the respondent No.3 till today.

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Mr. Chutia submits that since Rule 162(c) of the Executive Instructions framed under the Assam Land and Revenue Regulation, 1886 provides for a statutory remedy in the form of an appeal, this writ petition be closed by granting leave to the petitioner to prefer an appeal before the jurisdictional Divisional

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Commissioner.

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Mr. H. R. A. Choudhury has expressed urgency in the matter but submits that he has no objection if the writ petition is disposed of with a direction to avail alternative remedy under Rule 162(c) of the Executive Instructions.

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Taking note of the submissions of the learned counsel for both the sides, this writ petition is being disposed of by granting a week’s time to the petitioner to prefer a statutory appeal under Rule 162(c) before the jurisdictional Divisional Commissioner. If such an application is filed within 7 days from today along with a certified copy of this order, the same be considered and disposed of as expeditiously as possible but not later than 60 days thereafter. Until such time the appeal is disposed of, the interim order dated 08.02.2023 shall continue to hold the field.

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The writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Kismat Ali v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Kismat Ali v. the State of Assam and 2 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

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