A writ petition over removal of a village Gaon Bura in Dima Hasao. The Additional Secretary had reinstated respondent No.8 and cancelled the petitioner's appointment without show cause notice. The court directed a fresh meeting and hearing before the Additional Secretary, with status quo maintained until a final decision.
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GAHC010048612024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1347/2024
SUMTINTHANG HMAR
S/O- LT. LALLUNGKAM HMAR, R/O- VILL.- MOULLIEN, JINAM VALLEY, P.O. AND P.S. MAHUR, DISTRICT.- DIMA HASAO, ASSAM, PIN- 788830
VERSUS
THE STATE OF ASSAM AND 7 ORS THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:DIMA HASAO AUTONOMOUS COUNCIL REPRESENTED BY THE CHIEF EXECUTIVE MEMBER HAFLONG DIMA HASAO ASSAM PIN.- 788819 3:THE DISTRICT COMMISSIONER DIMA HASAO ASSAM PIN- 788819 4:THE SECRETARY REVENUE DEPARTMENT DIMA HASAO AUTONOMOUS COUNCIL HAFLONG ASSAM PIN- 788819 5:THE ADDITIONAL SECRETARY REVENUE DEPARTMENT DIMA HASAO AUTONOMOUS COUNCIL HAFLONG ASSAM PIN- 788819
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6:THE MEMBER OF AUTONOMOUS COUNCIL JINAM CONSTITUENCY DIMA HASAO AUTONOMOUS COUNCIL JINAM VALLEY DIMA HASAO ASSAM PIN- 788830 7:THE VILLAGE COMMITTEE OF MOULLIEN VILLAGE REPRESENTED BY ITS SECRETARY VILL.- MOULLIEN P.O. AND P.S. MAHUR DIMA HASAO ASSAM PIN- 788830 8:SHRI. LALTHANGPUI HMAR S/O- LT. LALRUOTLIEN HMAR R/O- VILL.- MOULLIEN JINAM VALLEY P.O. AND P.S. MAHUR DIMA HASAO ASSAM PIN- 78883
Advocate for the Petitioner : MR. I H SAIKIA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 05.04.2024
Heard Mr. I. H. Saikia, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned standing counsel, Revenue Department for the respondent No.1; Mr. C. Sarma, learned standing counsel, Dima Hasao for the respondent Nos. 2, 4 and 5 and Mr. D. Borah, learned Govt. Advocate for the respondent No.3.
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regular selection and appointment of Gaon Bura has been held in Dima Hasao Autonomous District and the vacancy of Gaon Buras which occurs due to expiry of Gaon Bura are filled up by prevailing procedure whereby, the villagers/ village committee of the concerned village selects the eligible persons and sends the proceedings of the village meeting to the Secretary Revenue Department, Dima Hasao Council for approval. The respondent No.8 while working as Gaon Bura of Moullien village under Jinam Valley Mouza, District Dima Hasao from 2015-22 was involved in a corruption and misappropriation of village development scheme and as there were many complaints against him he tendered his resignation from the post of G.B ship w.e.f from 06.03.2022. Thereafter, the petitioner was appointed as Gaon Bura Moullien village under Jinam Valley Mouza, by an order dated 14.03.2022. While the petitioner was serving as such, the Addl. Secretary, Revenue, Dima Hasao Autonomous Council by an order dated 03.10.2023, re-appointed the respondent No.8 as G.B of Moullien village under Jinam Valley Mouza in place of the petitioner. By the same order, the appointment of the petitioner as Gaon Bura was also cancelled with immediate effect. It is the case of the petitioner that no show cause notice was issued to the petitioner and the order dated 03.10.2023 was passed behind the back of the petitioner.
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appear and therefore, the respondent No.8 was appointed as Gaon Bura of Moullien village under Jinam Valley Mouza by the order dated 03.10.2023.
JUDGE
Comparing Assistant
2 issues framed by the court
Was the petitioner unfairly removed as Gaon Bura without hearing, given his claimed adjournment request?
How should the dispute over Gaon Bura appointment be resolved through a fresh hearing?
Sumtinthang Hmar
The State of Assam
Dima Hasao Autonomous Council
The District Commissioner Dima Hasao
The Secretary Revenue Department Dima Hasao Autonomous Council
Shri Lalthangpui Hmar
Lanusungkum Jamir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
