Writ petition challenging selection of a Gaon Pradhan on grounds of political consideration; appeal pending due to abolition of Divisional Commissioner's post. Court directed transmission of appeal records within two weeks to the newly constituted appellate authority for disposal within prescribed timeframe.
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GAHC010017952024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/473/2024
ABDUL KADIR S/O LATE KURBAN ALI A RESIDENT OF VILL- NO. 2 BARCHALA P.O GURUKHUTI, P.S. LAHARIGHAT DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-6.
3:THE DEPUTY COMMISSIONER
MORIGAON ASSAM
4:THE GAON PRADHAN SELECTION COMMITTEE
MORIGAON
(TO BE REP. BY THE DEPUTY COMMISSIONER MORIGAON ASSAM)
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5:THE CIRCLE OFFICER
LAHORIGHAT REVENUE CIRCLE LAHORIGHAT MORIGAON ASSAM
6:BHASKAR JYOTI PATOR VILL- 2 NO. BARCHALA VILLAGE
P.O. BARCHALA P.S.LAHARIGHAT
DIST. MORIGAON ASSA
Advocate for the Petitioner : MR. M A I HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 02-02-2024
Heard Mr. M.A.I. Hussain, learned counsel for the writ petitioner.
Perused the averments made in the writ petition.
The petitioner is challenging the selection and appointment of respondent No. 6 as
Gaon Pradhan of No. 2 Barchala village in the district of Morigaon, inter-alia, on the
ground that the respondent No. 6 has been selected on political consideration.
Mr. Hussain further submits that the earlier order of this Court, directing the respondents to dispose of the appeal preferred by the petitioner under Rule 162(C) of the Executive Instruction framed under Assam Land and Revenue Regulation, has not been
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complied with till today.
Mr. J. Handique, learned standing counsel, Revenue Department, Assam submits that due to the abolition of the post of Divisional Commissioner, there was some delay and disruption in the process of disposal of the appeals but recently i.e. on 01-02-2024, a fresh notification has been issued constituting the Director of Land Records and Survey as the appellate authority. Therefore, the matters would now be expedited. Mr. Handique has also produced the copy of the notification dated 01-02-2024. I have perused the same.
Ms. M. Bhattacharyya, learned Addl. Sr. Govt. Advocate, Assam has supported the stand taken by the learned standing counsel, Revenue Department.
In view of the above and considering the intervening developments taking place in the matter leading to the delay in disposal of the pending appeal originally instituted before the Divisional Commissioner, who was the appellate authority at that point of time, although this would amount to issuance of a second direction to the authorities to dispose of the appeal in a time bound manner, yet, I am of the view that due to change in the appellate authority, the facts and circumstances of the case would justify such an order being passed by this Court. The learned counsel for the parties have also agreed to the same.
As such, it is hereby provided that the records of the appeal instituted by the petitioner be transmitted before the appellate authority within 02 weeks from the date of receipt of a certified copy of this order so as to enable him to dispose of the appeal on merit, within the prescribed timeframe, as appearing in the notification dated 01-02-2024.
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With the above observation, this writ petition stands disposed of.
JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether the authorities should be directed to dispose of the petitioner's Gaon Pradhan appeal after the appellate authority changed to the Director of Land Records and Survey.
1 provisions across 1 enactments
Abdul Kadir
The State of Assam (rep. by Commissioner and Secretary, Revenue and Disaster Management Department)
The Principal Secretary, General Administration Department, Assam
The Deputy Commissioner, Morigaon
The Gaon Pradhan Selection Committee, Morigaon
Bhaskar Jyoti Pator
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
