Israfil Alam v. The State of Assam and 6 Ors

ORDER Date : 05.04.2023 Heard Ms. G. Borah, learned counsel appearing for the writ petitioner. Also heard Mr. J. Handique, learned standing counsel, Revenue & Disaster Management, Assam appearing for the respondent No. 1 and Mr. H. Sarma, learned Additional Senior Govt. Advocate, Assam representing respondent No. 2.

¶2By filing this writ petition, the selection of respondent No. 7 Page No.# 3/4 for appointment as Gaon Pradhan in respect of 4 No. Bhurbandha under Samaguri Revenue Circle, Nagaon district has been put to challenge primarily on the ground that the respondent No. 7 does not meet the eligibility norms as laid down by the advertisement notice dated

20.09.2021.

¶3According to Ms. G. Borah, learned counsel, the writ petitioner is the son of the erstwhile Gaon Pradhan of 4 No. Bhurbandha village and therefore, the writ petitioner is qualified to be appointed as Gaon Pradhan. On the contrary, there is a criminal case against respondent No.7, which is pending before the JMFC, Kaliabor bearing PRC No.29/2021 registered under Section 448/294/506/34 of IPC arising out of an FIR being Rupahihat Police Station case No. 50/2020 dated 06.02.2020 upon the charge-sheet having been submitted against the respondent No.7. Therefore, he cannot be appointed as a Gram Pradhan as per the norms specified in the Advertisement dated 20.09.2021.

¶4Mr. H. Sarma, learned Additional Senior Govt. Advocate, Assam, submits that there is a statutory remedy available to the petitioner under Rule 162(C) of the Executive Instruction framed under Assam Land & Revenue Regulation, 1886 and therefore, the petitioner be directed to avail the alternative remedy.

¶5Ms. Borah, learned counsel submits that the petitioner has availed the alternative remedy by approaching the office of the Deputy Commissioner, Nagaon, but till date no order has been passed by the Deputy Commissioner, Nagaon. Page No.# 4/4

¶6After hearing the submissions of the learned counsels for the parties, it is seen that there is a provision for filing an appeal before the Divisional Commissioner, which is the Appellate Authority. This Court is of the view that the writ petition can be disposed of by directing the petitioner to prefer an appeal under Rule 162(C) of the Executive Instruction before the Divisional Commissioner, assailing the selection/ appointment of the respondent No. 7 as Gram Pradhan.

¶7Accordingly, if such an appeal as directed is preferred, within a week by annexing a certified copy of this order, the appellate authority will hear the matter and dispose of the same within sixty (60) days therefrom, by a reasoned order.

¶8It is submitted by the learned counsel for the petitioner that till now no appointment has been made by the respondents in the post of Gaon Pradhan, appointing respondent No. 7 as the Gaon Pradhan of 4 No. Bhurbandha under Samaguri Revenue Circle in the district of Nagaon. If that be true, the respondent authorities will not pass any order appointing respondent No. 7, if not already issued, till the appeal filed by the petitioner is disposed of.

¶9Writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010062092023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1750/2023o ISRAFILoALAMo S/O-oLATEoNURoISLAM,oVILL-o4oNOo.oBHURBANDHA,o P.O-oB/oSAPMARI,oMAUZA-oLAUKHOWA,o P.S-oRUPOHIHAT,o PIN-782120,oDIST-oNAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoDEPUTYoCOMMISSIONER oNAGAONo oP.O.-NAGAON oDIST-NAGAONo(ASSAM) oPIN-782002 3:THEoADDITIONALoDEPUTYoCOMMISSIONERo(REVENUE) oNAGAONo oP.O.-NAGAON oDIST-NAGAONo(ASSAM) oPIN-782002 4:SELECTIONoCOMMITTEEoFORoTHEoSELECTIONoOFoGAONoPRADHAN oINo4oNOoBHURBANDHA oUNDERoSAMAGURIoREVENUEoCIRCLE oNAGAON oASSAM Page No.# 2/4 5:THE SUB-DIVISIONAL OFFICER KALIABOR (REVENUE BRANCH) DIST-NAGAON ASSAM 6:THE CIRCLE OFFICER KALIABOR REVENUE CIRCLE DIST-NAGAON ASSAM 7:SAHABUDDIN AHMED S/O- LATE SAN MIYA VILL- 4 NO . BHURBANDHA P.O- B/ SAPMARI MAUZA- LAUKHOWA P.S- RUPOHIHAT PIN-782120 DIST- NAGAON ASSA Advocate for the Petitioner : MS. G BORAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA