Mrinal Kumar Thakuria v. The State of Assam and 6 Ors

ORDER Date : 25-10-2024 Heard Mr. N.A. Mazarbhuiya, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned standing counsel, Revenue Department, Assam as well as Mr. C.S. Hazarika, learned Govt. Advocate, Assam appearing for the official respondents. The writ petitioner herein had submitted his candidature for selection and appointment to the post of Gaon Pradhan of Amaraguri, Jengarbori and Chatiantoli Page No.# 3/4 Kissam in Laharighat Mouza under Laharighat Revenue Circle pursuant to the notification dated 07-07-2022 issued by the concerned authority. However, upon completion of the selection process, the respondent No. 7 has been selected. According to the learned counsel for the petitioner the respondent No. 7 has submitted false documents and therefore, his selection is liable to be cancelled. The petitioner's counsel has further submitted that although an appeal was preferred before the appellate authority in terms of the provision of Rule 162(C) of the Executive Instruction framed under Assam Land and Revenue Regulation, 1886, the said appeal has not been disposed of till today. Hence, this writ petition. Having regard to the grievance expressed in this writ petition, this Court vide order dated 01-10-2024, directed the petitioner to submit a fresh appeal and also granted time to the learned standing counsel, Revenue Department to obtain instruction in this regard. Today when the matter is called up, Mr. S. Dutta, learned standing counsel, Revenue Department, Assam submits that the petitioner has submitted a fresh appeal yesterday and the same would now be taken up for disposal in accordance with law. If that be, nothing further survives for adjudication in this writ petition at this point of time. Therefore, it is provided that the appeal preferred by the petitioner be disposed of in accordance with law after hearing the affected parties, within a period of 90 days from today. If the writ petitioner continues to remain aggrieved in the matter, even thereafter, it would be open for him to approach this Court once again by filing appropriate writ petition. Page No.# 4/4 With the above observation, this writ petition stands disposed of.

JUDGE GS Comparing Assistant

PageoNo.#o1/4 GAHC010192522024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4890/2024o MRINALoKUMARoTHAKURIAo SONoOFoTARUNoCHANDRAoTHAKURIA,o RESIDENToOFoVILLAGE-oJENGARBORI,o P.O.-oCHATIANTOLI,oP.S.-oLAHARIGHAT,o DISTRICT-oMORIGAON,oASSAM,o PIN-o782127. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo TOoBEoREPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o JANATAoBHAWANo(ASSAMoSECRETARIAToCOMPLEX),o DISPUR,oGUWAHATI-o781006. 2:PRINCIPALoSECRETARYoTOoTHEoGOVRENMENToOFoASSAM oGENERALoADMINISTRATIONoDEPARTMENT oJANATAoBHAWANo(oASSAMoSECRETARIAToCOMPLEX) o DISPUR oGUWAHATI-o781006. 3:DIRECTORoOFoLANDoRECORDSoANDoSURVEYS oASSAM oRAJAHoBHAWANo(OFFICEoOFoTHEoDIRECTORoOFoLANDoRECORDSoANDo SURVEYSoETC.oASSAM) o RUPNAGAR oGUWAHATI-o781032. 4:DISTRICToCOMMISSIONER Page No.# 2/4 MORIGAON ASSAM. 5:ADDITIONAL DISTRICT COMMISSIONER (REVENUE) MORIGAON ASSAM. 6:CIRCLE OFFICER LAHARIGHAT REVENUE CIRCLE LAHARIGHAT MORIGAON. 7:RUHUL AMIN SON OF LATE SAMED ALI RESIDENT OF VILLAGE- CHATIANTOLI P.O.- CHATIANTOLI P.S.- LAHARIGHAT DISTRICT- MORIGAON ASSAM. PIN- 782127 Advocate for the Petitioner : MR. A R BHUYAN, MR N A MAZARBHUIYA,MR N Z CHOUDHURY Advocate for the Respondent : SC, REVENUE, SC, GAD,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM