Pranab Barman v. The State of Assam and 6 Ors

O R D E R

10.04.2024

Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing counsel, Revenue Department, Government of Assam, for the respondent Nos. 1 and 3 and Mr. J.K. Goswami, learned Junior Government Advocate, Assam, for the respondent Nos.4, 5 and 6.

¶2Pursuant to an Advertisement dated 26.05.2022, calling for applications for filling up of 101 posts of Gaon Pradhan in Nalbari district, the petitioner applied for the post of Gaon Pradhan of Porakuchi Lot. However, when the results were published on

09.02.2024, the respondent No.7 i.e., Smti. Mira Barman was selected for the post of Gaon Pradhan of Porakuchi Lot. Page No.# 3/3

¶3The case of the petitioner is that the father of the petitioner was a retired Gaon Pradhan of Porakuchi Lot, who retired on 31.03.2022. He, therefore, claims that being the son of retired Gaon Pradhan, the petitioner has a superior claim over the respondent No.7.

¶4The Principal Secretary to the Government of Assam, Revenue and Disaster Management (LA&A) Department, issued a Notification, dated 01.02.2024, issued by the Revenue and Disaster Management (LA&A) Department, by which the Executive Instructions under the Assam Land Revenue Regulation, 1886 was amended. In terms of the said amendment, Executive Instructions No.162-C provides that appeal against the order of appointment, suspension and dismissal of Gaon Pradhan by the Deputy Commissioner or by the Principal Secretary of the Autonomous Council area shall lie to the Director of Land Record and Surveys, Assam within a period of 60 days.

¶5Accordingly, the petitioner is directed to file an Appeal before the Director of Land Record and Surveys, Assam/ respondent No.3 under Executive Instruction No.162-C. Thereafter, on receipt of the Appeal, the respondent No.3 shall consider and dispose of the same by a speaking order and in accordance with law within a period of 3(three) months from the date of receipt of the Appeal.

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

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010071822024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2037/2024o PRANABoBARMANo S/O-oSRIoPHUKANoCHANDRAoBARMAN,o VILL-oPORAKUCHI,o P.O.-oSONDHAo(o781337),o P.S.-oNALBARI,o DIST-oNALBARI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,oASSAM,o DISPUR,oGUWAHATI-o781006. 2:THEoGENERALoADMINISTRATIVEoDEPARTMENTo(GAD) oASSAM oREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM o(GAD) oDISPUR oGUWAHATI-o06. 3:THEoDIRECTORoOFoLANDoRECORDS oASSAM oRUPNAGAR oGUWAHATI-32. 4:THEoDISTRICToCOMMISSIONER oNALBARI oDIST-oNALBARIo(o781337) oASSAM. Page No.# 2/3 5:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) NALBARI DIST.- NALBARI ( 781337) ASSAM. 6:THE CIRCLE OFFICER NALBARI REVENUE CIRCLE P.O.- NALBARI- 781337 DIST- NALBARI ASSAM. 7:MIRA BARMAN W/O- HIRANYA BARMAN VILL- PORAKUCHI P.O.- SONDHA ( 781337) P.S.- NALBARI DIST.- NALBARI ASSAM Advocate for the Petitioner : MD. A MATLIB Advocate for the Respondent : SC, REVENUE BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR