Sumtinthang Hmar v. The State of Assam and 7 Ors

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.

¶2The case of the petitioner in brief is that since the year 2013 till date no Page No.# 3/4 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.

¶3The respondent No.5 has filed counter affidavit and in paragraph 7, it is stated that on 11.09.2023, the respondent No.5 had requested both the petitioner and the respondent No.8 to appear before him on 15.09.2023 to discuss the matter regarding the dispute of Gaon Bura of Moullien Village. The copies of the letter dated 11.09.2023, was also served upon the petitioner as well as the respondent No.8. However, on the date fixed, the petitioner did not Page No.# 4/4 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.

¶4The petitioner has filed an affidavit-in-reply to the counter affidavit filed by the respondent No.5 stating that on receipt of the letter dated 11.09.2023, the petitioner made a representation before the respondent No.5 on 14.09.2023 praying for adjournment of the meeting on the ground that he had some rheumatic Problem. The further case of the petitioner is that he had also sent the representation through Whatsapp.

¶5Considering the dispute with regard to the non-appearance of the petitioner on 11.09.2023 before the respondent No.5, this Court in the interest of justice directs the respondent No.5 to call for another meeting, whereby, the petitioner as well as the respondent No.8 shall appear before the respondent No.5 and thereafter, the respondent No.5 shall pass appropriate orders after hearing both the parties. Till a final decision is taken by the respondent No.5 after hearing both the petitioner and the respondent No.8, the earlier order of status-quo shall continue.

¶6With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010048612024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1347/2024o SUMTINTHANGoHMARo S/O-oLT.oLALLUNGKAMoHMAR,oR/O-oVILL.-oMOULLIEN,oJINAMoVALLEY,o P.O.oANDoP.S.oMAHUR,oDISTRICT.-oDIMAoHASAO,oASSAM,oPIN-o788830 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo THROUGHoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oREVENUEoANDo DISASTERoMANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-6 2:DIMAoHASAOoAUTONOMOUSoCOUNCIL oREPRESENTEDoBYoTHEoCHIEFoEXECUTIVEoMEMBER oHAFLONG oDIMAoHASAO oASSAM oPIN.-o788819 3:THEoDISTRICToCOMMISSIONER oDIMAoHASAO oASSAM oPIN-o788819 4:THEoSECRETARY oREVENUEoDEPARTMENT oDIMAoHASAOoAUTONOMOUSoCOUNCIL oHAFLONG oASSAM oPIN-o788819 5:THEoADDITIONALoSECRETARY oREVENUEoDEPARTMENT oDIMAoHASAOoAUTONOMOUSoCOUNCIL oHAFLONG oASSAM oPIN-o788819 Page No.# 2/4 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