Muzzamal Hussain v. The State of Assam and 3 Ors

O R D E R

05.04.2024

Heard Mr. H. Ali, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned Standing counsel, Revenue Department, Government of Assam, for the respondent Nos. 1 and 2 and Mr. R. Talukdar, learned Junior Government Advocate, Assam, for the respondent No.3.

¶2Pursuant to an Advertisement dated 03.09.2022, the petitioner applied for the post of Gaon Pradhan in respect of Charge No.06, Titapani Mouza. The petitioner was successful in the said selection process and by Notification, dated 03.01.2023, issued by the Deputy Commissioner, Barpeta, his name appeared at Sl. No.58. In the meantime, when the appointment of the petitioner was under process, the selection of the petitioner was challenged by the private respondent No.4 before the Jurisdictional Divisional Commissioner. As no action was taken, the private respondent No.4 approached this Court by way of WP(C)/1533/2023, which was disposed of by an order, dated 27.03.2023, directing the respondents to dispose of the Appeal as expeditiously as possible, but not later than 60 days from the date of receipt of a certified copy of the order.

¶3The learned counsel for the petitioner submits that the post of Divisional Commissioner was abolished in the State by a Notification, dated 17.07.2023, and by a Notification, dated 01.02.2024, issued by the Revenue and Disaster Management (LA&A) Department, the Executive Instructions under the Assam Land Revenue Regulation, 1886 was amended. In terms of the said amendment, Executive Page No.# 3/3 Instructions No.162-C provides that appeal shall lie to the Director of Land Record and Surveys, Assam. He, therefore, submits that the Director of Land Record and Surveys, Assam, who is the respondent No.2 herein, may be directed to dispose of the Appeal No. RR 03/2023 filed by the respondent No.4 within a specified period of time.

¶4Ms. G. Hazarika, learned Standing Counsel, Revenue Department, Government of Assam has no objections.

¶5Accordingly on consensus, this writ petition is disposed of directing the Director of Land Record and Surveys, Assam/ respondent No.2 to dispose of the Appeal No. RR 03/2023 filed by the respondent No.4 against the selection of the petitioner within a period of 3(three) months from the date of receipt of a copy of this order.

¶6With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010071602024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1954/2024o MUZZAMALoHUSSAINo S/O-oSUBANoALI,o VILL.-oBALAGAON,o P.S.-oKALGACHIA,o DIST.-oBARPETA,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,oDISPUR,oGHY-06. 2:THEoDIRECTORoOFoLANDoRECORDoANDoSURVEYS oASSAM oRUPNAGAR oGHY-o32. 3:THEoDISTRICToCOMMISSIONER oBARPETA oP.O.oANDoDIST.-oBARPETA o(ASSAM) oPIN-o781301. 4:EFTIKERoCHOUDHARY oS/O-oSAFIKULoISLAMoCHOUDHARY oVILL-oBALAGAON oP.O.-oBALAGAON oP.S.-oKALGACHIA oDIST.-oBARPETA oASSAM oPIN-o781319o Page No.# 2/3 Advocate for the Petitioner : MR. H ALI Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR