Himanshu Bayan v. The State of Assam and 4 Ors

ORDER Date : 03.04.2023 Heard Mr. S. M. Rahman, 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. R. Dhar, learned Additional senior Govt. Advocate, Assam representing respondent No. 2.

¶2By filing this writ petition, the selection of respondent No. 5 for appointment as Gaon Pradhan in respect of Charge 10 of Jania Mouza of Baghbar Revenue Circle, Barpeta 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. S. M. Rahman, learned counsel, the writ petitioner is the son of the erstwhile Gaon Pradhan of Charge 10 of Jania Mouza and therefore, the writ petitioner is qualified to be appointed as Gaon Pradhan. Page No.# 3/4

¶4Mr. R. Dhar, 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.

¶5Mr. S. M. Rahman, learned counsel submits that the petitioner may be relegated to avail the alternative remedy but some protection may be granted in the meantime.

¶6After hearing the submissions of the learned counsels 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. 5 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. A copy of the order passed in the appeal must be communicated to the petitioner.

¶8It is submitted that till now no appointment has been made by the respondents in the post of Gaon Pradhan, appointing respondent No. 5 as the Gaon Pradhan of Charge 10 of Jania Mouza of Baghbar Revenue Circle in the district of Barpeta. If that be true, the respondent authorities Page No.# 4/4 will not pass any order appointing respondent No. 5, 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 GAHC010069992023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1896/2023o HIMANSHUoBAYANo S/O-oSRIoRABENoBAYAN,oR/O-oVILL-oANDoP.O.oJANIA,oP.S.oANDoDIST.-o BARPETA,oPIN-o781314,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoADDL.oCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oREVENUEo ANDoD.M.oDEPT.,oASSAMoSECRETARIATo(CIVIL),oDISPUR,oGHY-06,oASSAM 2:COMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoD.M.o(L.R.)oDEPT. oASSAMoSECRETARIATo(CIVIL) oDISPUR oGHY-06 oASSAM 3:THEoJOINToSECRETARY oTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoD.M.o(L.R.)oDEPT. oASSAMoSECRETARIATo(CIVIL) oDISPUR oGHY-06 oASSAM 4:DEPUTYoCOMMISSIONERoOFoBARPETA oDISTRICT-BARPETA oPIN-o780301 oASSAM 5:SRIoDIPJYOTIoOJHA Page No.# 2/4 S/O- SRI ANANDARAM DAS R/O- VILL- AND P.O. JANIA DIST.- BARPETA PIN- 781314 ASSA Advocate for the Petitioner : MD. S M RAHMAN Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA