Court closed writ petition regarding delay in petitioner's Gaon Pradhan appointment due to pending appeal. Directed authorities to dispose appeal within 45 days.
Writ petition closed; appeal to be disposed within 45 days.
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GAHC010276102023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7118/2023
JIL HOQUE S/O- MONJIL BEPARI, VILL- SUKHOWARJHAR, P.S. DHARMAPUR, DIST.BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06
2:THE DISTRICT COMMISSIONER P.O. AND DIST.- BARPETA ASSAM 3:THE CIRCLE OFFICER BAGHBAR BAGHBAR REVENUE CIRCLE MANDIA DIST.- BARPETA ASSAM PIN- 781308 4:SHAHERA KHATUN W/O- LATE OSMAN GANI AKAND VILL- SUKHOWARJHAR P.O. DHARMAPUR DIST.- BARPETA ASSAM PIN- 78130
Advocate for the Petitioner : MR. H ALI
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Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 13/12/2023
Heard Mr. H. Ali, learned counsel for the writ petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue and DM Department, Assam as well as Mr. R. Dhar, learned Additional Senior Government Advocate, Assam, appearing for the official respondents.
Pursuant to the selection process initiated on the basis of the advertisement notice dated 03/09/2022, the writ petitioner herein was selected for appointed as Gaon Pradhan in respect of Charge No. 12 under Baghbar Revenue Circle. However, when his appointment order was under process, the selection of the petitioner was assailed by the respondent no. 4 by filing an appeal before the jurisdictional Divisional Commissioner. Since no action was taken in the appeal, the respondent no. 4, as writ petitioner, had approached this Court by filing WP(C) No. 1008/2023, which was disposed of by this Court by order dated 22/05/2023, directing the concerned authority to proceed with the appeal and dispose of the same, as expeditiously as possible, but not later than 45 days from the date of receipt of certified copy of the order. In the meantime the posts of Divisional Commissioners have been abolished. As such, disposal of the appeal has been delayed.
Mr. Ali submits that pendency of the appeal has held up the appointment of the petitioner as Gaon Pradhan. As such, there is urgency in the matter.
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The learned Standing Counsel appearing for the official respondents submits that the delay in disposal of the appeal is on account of the fact that after abolition of the posts of Divisional Commissioners, the records of the pending appeals are being transferred to the respondent no. 1 for deciding the appeals. However, since there is already an order directing expeditious disposal of the appeal, this matter be closed with the similar direction to the respondent no. 1.
From the submission of the learned departmental counsel, it appears that pursuant to the abolition of the post of Divisional Commissioner, all appeals preferred under Regulation 162 (C) of the Assam Land and Revenue Regulations, 1886, would now have to be decided by the Principal Secretary to the Government of Assam, Revenue and DM Department, Dispur.
If that be so, no practical purpose would be served by keeping the writ petition pending before this Court. This writ petition is, therefore, being disposed of by providing that the appeal preferred by the private respondent no. 4 assailing the appointment of the petitioner as Gaon Pradhan, be disposed of as expeditiously as possible but not later than 45 days from the date of receipt of a certified copy of this order.
With the above observation, the writ petition stands closed.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether the writ petition regarding delay in petitioner's appointment as Gaon Pradhan due to pending appeal needs disposal.
Jil Hoque S/O- Monjol Bepari
State of Assam
District Commissioner P.O. and Dist.- Barpeta Assam
Circle Officer Baghbar Baghbar Revenue Circle Mandia
Shahera Khatun W/O- Late Osman Gani Akand
Suman Shyam
Sukhamay
As recorded by the court registry
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