Dilbar Hussain v. The State of Assam and 6 Ors

ORDER Date : 27-03-2023

Heard Mr. S.K. Das, learned counsel for the writ petitioner. Also heard Mr. H. Sarma, Page No.# 4/4 learned Addl. Sr. Govt. Advocate, Assam as well as Mr. J. Handique, learned standing counsel, Revenue & Disaster Management, Assam who have submitted on instructions that process of disposal of the statutory appeal preferred by the petitioner is under progress and the jurisdictional Divisional Commissioner would pass appropriate order therein after hearing the petitioners and the affected parties. Since there is no wrangle at the bar that a remedy in the form of appeal under Rule 162(C) of the Executive Instruction framed under the Assam Land and Revenue Regulation, 1881 would be maintainable in this case and considering the fact that the petitioner is assailing the selection and/ or appointment of the private respondent as Gram Pradhan on the grounds stated in the writ petition, it will be the primary duty of the appellate authority to look into the grievance of the petitioner and pass appropriate order(s) therein supported by proper reasons. As such, without expressing any opinion on the merit of the case, this writ petition stands disposed of by providing that the appeal preferred by the petitioner be heard and dispose of, as expeditiously as possible, but not later than 60 days from the date of receipt of a certified copy of this order. Insofar as the prayer for interim relief is concerned, from the materials available on record, it is not clear as to whether the order of appointment as Gram Pradhan has already been issued in favour of the private respondent or not. Therefore, it is provided that, if no order of appointment has been issued to the private respondent, till date, the same shall not be issued without proper verification of the allegations made by the writ petitioner. With the above observation, these writ petitions stand disposed of.

JUDGE GS Comparing Assistant

PageoNo.#o1/4 GAHC010055862023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1523/2023o NURMAHAMMADoMULLAHo S/O-oLATEoABDULoHAQUEo@oABDULoHAQUEoMULLAH,oR/O-oVILL.-o BALAPARA,oP.O.oBARGHOL,oP.S.oTARABARI,oDIST.oBARPETA,oASSAM,oPIN-o 781301. VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoADDL.oCHIEFoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENTo(L.R.)o DEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoCOMMISSIONER oLOWERoASSAMoDIVISION oPANBAZAR oGUWAHATI-1. 4:THEoDEPUTYoCOMMISSIONER oBARPETA oP.O.oANDoP.S.oBARPETA oPIN-o781301. 5:ADDITIONALoDEPUTYoCOMMISSIONER oBARPETA oPIN-o781301. Page No.# 2/4 6:CIRCLE OFFICER BARPETA PIN- 781301. 7:MOKBUL HUSSAIN S/O- MESER ALI R/O- VILL.- BALAPARA P.O. BARGHOL DIST. BARPETA PIN- 781301 Advocate for the Petitioner : MR. S K DAS Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/1549/2023 DILBAR HUSSAIN SON OF KHURSED ALI RESIDENT OF VILLAGE- BELORTARI P.O.- BARGHOL P.S.- BARPETA DISTRICT- BARPETA PIN- 781302. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT (L.R.) DEPARTMENT DISPUR GUWAHATI-6. Page No.# 3/4 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GUWAHATI-6. 3:THE COMMISSIONER LOWER ASSAM DIVISION PANBAZAR AT GUWAHATI-1. 4:THE DEPUTY COMMISSIONER BARPETA P.O. AND P.S. BARPETA PIN- 781301. 5:ADDITIONAL DEPUTY COMMISSIONER BARPETA PIN- 781301. 6:CIRCLE OFFICER BARPETA PIN- 781301. 7:RANJIT BHARALI SON OF BHUMIDHAR BHARALI RESIDENT OF VILLAGE- DOKRESWAR P.O.- BHOGERPAR P.S.- BARPETA DISTRICT- BARPETA PIN- 781309. ------------ Advocate for : MR. S K DAS Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM