Matiur Rahman v. The State of Assam and 5 Ors

PageoNo.#o1/3 GAHC010035142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/975/2024o MATIURoRAHMANo S/O-oMAZIBARoRAHMAN,oVILL-oSIMALIYA,oP.O.oMULARKUCHI,oP.S.o BELSOR,oDIST.-oNALBARI,oPIN-o781303 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPToOFo LANDoREVENUE,oDISPUR,oGUWAHATI-6 2:THEoDISTRICToCOMMISSIONER oNALBARI,oPIN-o781303 3:THEoADDITIONALoDISTRICToCOMMISSIONER oNALBARI,oPIN-o781303 4:THEoSELECTIONoCOMMITTEE oREPRESENTEDoBYoTHEoADDITIONALoDEPUTYoCOMMISSIONER oMEMBERoSECRETARYo(SELECTIONoCOMMITTEE) oDIST.-oNALBARI oPIN-o781303 5:THEoCIRCLEoOFFICER oPASCHIMoNALBARIoREVENUEoCIRCLE oP.O.-oNALBARI oDIST.-oNALBARI oASSAM oPIN-o781303 6:SRIoBHABESHoDUTTA oS/O-oROHINIoKR.oDUTTA oVILL-oSIMALIYA oP.O.oMULARKUCHI oDIST.-oNALBARI oASSAM,oPIN-o78130o Page No.# 2/3 Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

:: O R D E R :: 26-02-2024

Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. J. Handique, learned standing counsel, Revenue Department, for respondent No. 1 and Mr. J.K. Parajuli, learned Government Advocate, for respondent Nos. 2, 3, 4 and 5. Pursuant to an advertisement dated 26-05-2022, inviting applications for 101 posts of Gaon Pradhan under Revenue Circle, district-Nalbari, the petitioner applied for the post of Gaon Pradhan of Lat No. 1, Simaliya Paschim Welfare Revenue Circle by claiming to be the son of an ex-Gaonburah. In the said advertisement, Clause-12 provides that family of ex-Gaonburah will be given preference and recommendation of Mouzadar will be considered. Accordingly, Mouzadar, Bangaon issued a certificate to the petitioner stating that he is the son of ex-Gaonburah of village Simaliya, Pokowa Mouza, Pashim Nalbari Circle. The grievance of the petitioner in the present writ petition is that he has not been selected for the post of Gaonburah. Mr. J. Handique, learned standing counsel, Revenue Department, submits that the Revenue and Disaster Management (LA&A) Department has issued a Notification on 01-02-2024 amending the Executive Instructions No. 162-C of the Executive Instructions under the Assam Land and Revenue Regulation, 1886 Page No.# 3/3 (Amendment) 2024. He submits that under the Executive Instruction No. 162-C an appeal against the order of appointment, suspension and dismissal of a Gaon Pradhan by the District Commissioner or by the Principal Secretary of the Autonomous Council area shall lie to the Director of Land Records and Surveys, Assam, within a period of 60 (sixty) days from the date of receipt of the copy of the order of appointment, suspension or dismissal as the case may be. After hearing the learned counsel for the parties, this writ petition is disposed of directing the petitioner to file an appeal before the Director of Land Records and Surveys, Assam, under the Executive Instruction No. 162-C, within a period of 10 days from today. Thereafter, the Director of Land Records and Surveys, Assam, shall consider and dispose of the appeal as expeditiously as possible but not later than two months from the date of receipt of the appeal. With the above observations and directions, the instant writ petition is disposed of. JUDGE

Comparing Assistant