Md. Babul Hussain v. The State of Assam and 4 Ors

ORDER

15.05.2024 (Vijay Bishnoi, CJ)

This intra-court appeal is filed by the appellant being aggrieved with the order dated

29.08.2019 passed by the learned Single Judge in WP(C) 6777/2017, whereby the writ petition filed by the appellant has been dismissed. The appellant raises a question regarding appointment of the respondent No. 5 as the Gaonburah of Charge No. 21, Chenga Revenue Circle in the district of Barpeta, Assam. The respondent No. 5 was appointed as Gaonburah on 10.10.2013. The learned Single Judge, after hearing the learned counsel for the parties and after going through the records pertaining to the said selection process, recorded a finding that the marks awarded by the Members of the Selection Committee to the respondent No. 5 were higher than that of the appellant. The learned Single Judge has also observed that long time had elapsed since the selection and appointment of the respondent No. 5 and, therefore, no useful purpose would be served by remanding the matter to the appellate authority, which would be merely an academic exercise because no error or infirmity was Page No.# 3/3 found by the Court in the selection of the respondent No. 5 as Gaonburah. Having heard the learned counsel appearing for the appellant and taking into consideration the fact that even after dismissal of the writ petition filed by the appellant, almost five years have passed by, we are not inclined to interfere with the impugned order passed by the learned Single Judge. Hence, the appeal is dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010050282020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/242/2022o MD.oBABULoHUSSAINo RESIDENToOFoVILLAGEoROUMARI,oMAUZAoCHENGA,oP.O.oCHENIMARI,oP.S. TARABARI,oDIST.oBARPETA,oASSAM,oPINo781305. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo REVENUE,oDISPUR,oGUWAHATI-6,oPINo781006. 2:THEoCOMMISSIONERoTOoTHEoGOVT.oOFoASSAM oLOWERoASSAMoDIVISION oDISPUR oGUWAHATI-6 oPINo781006. 3:THEoDEPUTYoCOMMISSIONER oBARPETA oDISTRICToBARPETA oASSAM. 4:THEoADDL.oCOMMISSIONERo(LANDoRECORD) oBARPETA oDISTRICToBARPETA oASSAM oPINo781301. 5:MD.oJAHIDULoHUSSIAN oSONoOFoMD.oJAINALoABEDIN oRESIDENToOFoVILLAGEoROWMARI Page No.# 2/3 MAUZA CHENGA P.O. CHENIMARI P.S. TARABARI DIST. BARPETA ASSAM PIN 781301 Advocate for the Petitioner : MR. A K PURKAYASTHA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR