Munindra Haloi v. The State of Assam and 4 Ors

ORDER Date : 19.02.2024

Heard Mr. P. K. Deka, learned counsel for the petitioner.

¶2Pursuant to a Notice dated 26.05.2022 issued by the District Commissioner, Nalbari for appointment of Gaon Pradhan in 101 vacant post under Revenue Circles of Nalbari District, the petitioner who is the son of previous Gaon Pradhan of Panigaon, Lat No.1 applied for the said post. However, in the result that was published on 09.02.2024, the private respondent namely, Binod Haloi was selected. The petitioner relies on Clause-12 of the Notice dated 26.05.2022 which provides that applicants who are from the family of Gaon Pradhan will be given preference and remarks from the Mouzadar will be considered with regard to his claim for the post of Gaon Pradhan of Panigaon Lat No.1. The petitioner also places reliance in the Certificates issued by the Mouzadar, Mouza Pokuwa dated 08.06.2022, which has been issued in favour of the petitioner.

¶3Mr. S. Dutta, learned standing counsel, Revenue and Disaster Management Department/respondent No.1 submits that in view of the amendment of Executive Instruction No. 162(C), an appeal against the order of appointment, Page No.# 3/3 suspension and dismissal of Gaon Pradhan by the District Commissioner or by the Principal Secretary of the Autonomous Council shall lie to the Director of Land Records and Surveys, Assam.

¶4Mr. P. K. Deka, learned counsel for the petitioner submits that he may be given liberty to approach the appellant forum in terms of the Executive Instruction No. 162 (C) of the Executive Instructions under the Assam Land & Revenue Regulation, 1886 (Amendment 2024). However, he prays that the respondents may be directed not to appoint the private respondent till the petitioner makes an appeal within a period of 7(seven) days from today.

¶5Recording the submissions made by the learned counsel for the petitioner, this writ petition is dismissed on withdrawal, however, with liberty to approach the appellate forum.

It is also provided that if the private respondent, namely, Shri Binod Haloi is not appointed, no appointment order shall be issued for a period of 1(one) week from today within which time the petitioner shall prefer his appeal.

¶6Mr. C. S. Hazarika, learned Govt. Advocate appears for the respondent Nos. 2, 3 and 4.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010033092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/847/2024o MUNINDRAoHALOIo S/O-oSHRIoBHUBANESHWARoHALOI,oRESIDENToOFoVILLAGE-oPANIGAON,o P.O.oPANIGAON,oP.S.oBELSOR,oDISTRICT-oNALBARI,oPIN-o781303,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENTo (L.R.)oDEPARTMENT,oASSAM,oDISPUR,oGUWAHATI-06 2:THEoDISTRICToCOMMISSIONER oNALBARI oASSAM-o781335 3:THEoADDITIONALoDISTRICToCOMMISSIONERo(GAONoPRADHAN) oNALBARI oASoMEMBERoSECRETARY oSELECTIONoCOMMITTEE oNALBARI oASSAM-o781335 4:THEoCIRCLEoOFFICER oPASCHIMoNALBARIoREVENUEoCIRCLE oNALBARI oASSAM-o781304 5:SRIoBINODoHALOI oS/O-oLATEoMADANoHALOI oRESIDENToOFoVILLAGE-oPANIGAON oP.O.oPANIGAON oP.S.oBELSOR Page No.# 2/3 DISTRICT- NALBARI PIN- 781303 ASSA Advocate for the Petitioner : MR. P K DEKA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR