Disposed

Samayoun Ali v. the State of Assam and 4 Ors.

Gauhati HC1 Dec 2023WP(C)/6928/2023

Case brief

AI extract

What is this about?

Petitioner challenged selection for Gaon Pradhan post but pending appeal stalled due to abolition of Divisional Commissioner office. Court directed transmission of case records to new competent authority within three weeks and directed disposal within 60 days of receipt, disposing the petition without merits.

What did the court decide?

Records to be transmitted to Respondent No. 1 within 3 weeks; appeal to be disposed within 60 days of receipt of certified copy.

Samayoun Ali Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010265902023

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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)/6928/2023

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SAMAYOUN ALI

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S/O BABAR ALI, R/O VILL- DHAKUA, P.O.-DHAKUA, P.S.-BARPETA, DISTBARPETA, ASSAM, PIN-781309

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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

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2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM GENERAL ADMINISTRATION (B) DEPARTMENT DISPUR GUWAHATI-6

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3:DISTRICT COMMISSIONER (ERSTWHILE DEPUTY COMMISSIONER) BARPETA P.O. AND P.S.-BARPETA PIN-781301

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4:ADDITIONAL DEPUTY COMMISSIONER (OFFICE OF THE DISTRICT COMMISSIONER) BARPETA PIN-781301

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5:SHAHIDUL ISLAM S/O LATE HAZARAT ALI R/O VILL-MAILKUCHI P.O.-DHAKUA DIST-BARPETA ASSAM

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Page No.# 2/3

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PIN-78130

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Advocate for the Petitioner : MR. S K DAS

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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 : 01-12-2023

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Heard Mr. S.K. Das, learned counsel for the writ petitioner. Also heard Mr. S. Dutta,

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learned standing counsel, Revenue Department, Assam and Mr. C.K.S. Baruah, learned Govt. Advocate, Assam appearing for the respondent Nos. 2 to 4.

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Pursuant to the advertisement notice dated 03-09-2022, the petitioner had applied for the post of Gaon Pradhan in respect of Charge No. 13, Mouza Barpeta under Barpeta Revenue Circle in the district of Barpeta. On completion of the selection process, the respondent No. 5 was selected for appointment as Gaon Pradhan in respect of the Charge No. 13. Assailing the selection of the respondent No. 5, the writ petitioner had preferred an appeal before the Divisional Commissioner, Lower Assam under Rule 162(C) of the Executive Instruction framed under Assam Land and Revenue Regulation, 1886. However, during the pendency of the appeal, the post of Divisional Commissioner of Lower Assam was abolished, as a result of which, no progress has been made in the appeal till today.

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By filing this writ petition, the petitioner seeks an order from this Court directing that the records be transmitted to the office of the respondent No. 1, who has now been entrusted with the responsibility of hearing and disposing of the appeals.

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Page No.# 3/3

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Mr. Das submits that if there is further delay in disposal of the appeal, then the same would cause serious prejudice to the interest of his client.

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The learned departmental counsel have also submitted in their usual fairness that since similar order(s) have already been passed in some similar cases, they would have no objection, if the prayer made by the writ petitioner is granted.

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In view of the above, without commenting on the merit of the case projected in the writ petition, this petition stands disposed of by providing that records, in connection with the appeal, numbered and registered as RR-30/23 before the Divisional Commissioner, Lower Assam be transmitted to the office of the respondent No. 1 within 03 weeks from today, if not already done. Thereafter, the appeal be considered on merit and disposed of 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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With the above observation, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Samayoun Ali v. the State of Assam and 4 Ors.

Case brief

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Samayoun Ali v. the State of Assam and 4 Ors.

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