Smti. Mamu Kalita v. The State of Assam and 3 Ors

ORDER

31.03.2023 Heard Mr. A. K. Baruah, learned counsel appearing for the writ petitioner. Also heard Mr. S. Dutta, learned standing counsel, Revenue & Disaster Management, Assam appearing for the respondent No. 1 and Mr. A. Chakraborty, learned Govt. Advocate, Assam representing respondent No. 2.

¶2By filing this writ petition, the selection of respondent No. 4 for appointment as Gaon Pradhan in respect of 2 No. Deurigaon village under Chalchali Mouza of Samaguri Revenue Circle, Nagaon district has been put to challenge primarily on the ground that the respondent No. 4 does not meet the eligibility norms as laid down by the advertisement notice dated 05-09-2022.

¶3According to Mr. Baruah, learned counsel, the writ petitioner is the son of the erstwhile Gaon Pradhan of 2 No. Bherbheri village and earlier 2 No. Deurigaon was under the management and control of 2 No. Bherbheri gaonburah and therefore, the writ petitioner is qualified to be appointed as Gaon Pradhan. On the contrary, the respondent No. 4 is a member of a political party. Therefore, he cannot be appointed as a Gram Pradhan as per the norms specified in the Advertisement dated 05-09-2022. Page No.# 3/4

¶4Mr. A. Chakraborty, learned 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.

¶5Mr. Baruah submits that his client would avail the alternative remedy but some protection may be granted in the meantime.

¶6After hearing the submission of the learned counsel for the parties and in view of the facts and circumstances of the case, this Court is of the view that the writ petition can be disposed of by granting a week's time to the petitioner to prefer an appeal under Rule 162(C) of the Executive Instruction before the Divisional Commissioner, Central Assam assailing the selection/ appointment of the respondent No. 4 as Gram Pradhan, if so desired.

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

¶8It is submitted that till now no appointment has been made by the respondents in the post of Gaon Pradhan, appointing respondent No. 4 as the Gaon Pradhan of 2 No. Deurigaon village under Chalchali Mouza of Samaguri Revenue Circle in the district of Nagaon. If that be true, the respondent authorities will not pass any order appointing respondent No. 4, if not already issued, till the appeal filed by the petitioner is disposed of. Page No.# 4/4

¶9Writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010069712023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1826/2023o SMTI.oMAMUoKALITAo D/OoKAMALoCHANDRAoKALITA,oVILL-DEURIoGAON,oP.O.-HALOWAGAON,o P.S.-SAMAGURI,oDIST-NAGAON,oPIN-782141 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEo(REGISTRATION)oANDoD.M.o DEPARTMENT,oDISPUR,oGUWAHATI-781006 2:THEoDEPUTYoCOMMISSIONER oNAGAON oASSAM 3:THEoSELECTIONoBOARD oOFFICEoOFoTHEoDEPUTYoCOMMISSIONER oNAGAON oREPRESENTEDoBYoTHEoDEPUTYoCOMMISSIONER 4:DIPAKoSAIKIA oVILL-BHERBHERIoNEDHERGAON oP.O.-HALOWAGAON oP.S.-SAMAGURI oDIST-NAGAON oPIN-78214o AdvocateoforotheoPetitionerooooo:oMR.oAoKoBARUAHo AdvocateoforotheoRespondento:oSC,oREVENUEoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA