Bijoy Keot v. The State of Assam and 5 Ors

ORDER

22.09.2023

¶1Heard Mr. H.K. Baruah, learned counsel for the petitioner, who submits that the petitioner had taken part in the selection process for filling up the post of Gaonburah/Gaon Pradhan in respect of Lot No.2 of Village-Sagunbahi Grant under Kampur Revenue Circle, Nagaon, in pursuant to the Advertisement dated

05.09.2022. The selection of the respondent no.6 as Gaonburah/Gaon Pradhan for the aforesaid Lot, was put to challenge by the petitioner under the amended Executive Instruction No.162-C before the Divisional Commissioner, Central Assam Division, Nagaon. He submits that in view of the offices of the Divisional Commissioners in the State being abolished, the petitioner' appeal which is registered as RR (CAD) 42/2023 has come to a standstill. Page No.# 3/4

¶2Mr. S. Dutta, learned Standing Counsel, Revenue for the respondent no. 1; Mr. A. Phukan, learned Standing Counsel, GAD for the respondent no.2 and Mr. C.K.S. Baruah, learned Government Advocate, Assam for the respondent nos.3 & 4 submit that in terms of the Notification No. e file No. 304149/1 dated

17.07.2023, the assets of the abolished Divisional Commissioners' establishment and employees would come under the establishment of the District in which the headquarter of the Divisional Commissioner is located. Further, the statutory powers and administrative powers exercised by the Divisional Commissioner would be exercised by the Commissioner and Secretary/Principal Secretary of General Administration Department.

¶3I have heard the learned counsels for the parties and perused the Notification dated 17.07.2023, issued by the Commissioner and Secretary/Principal Secretary of General Administration Department, which is to the following effect : "ORDERS BY THE GOVERNOR OF ASSAM NOTIFICATION Dated Dispur the July, 2023. e file No 304149/1 :- For administrative convenience and in the interest of public service and in order to bring administration closer to the people by providing adequate power and authority to the Deputy Commissioner of the District and in the interest of public service, the Governor of Assam is pleased to abolish the offices of Divisional Commissioners in the State with immediate effect. The assets of the existing Divisional Commissioners' establishment and the employees will come under the establishment of the district in which the headquarter of the Divisional Commissioner is at present located. The statutory powers and administrative powers as exercised by Divisional Page No.# 4/4 Commissioner at present will henceforth be exercised by the Commissioner & Secretary/Principal Secretary of General Administration Department."

¶4The above notification shows that the offices of Divisional Commissioners have been abolished and their functions would now be taken over by the Commissioner and Secretary/Principal Secretary of the General Administration Department. As such, the appeal filed by the petitioner, against the selection of the respondent no.6 to the post of Gaonburah, would have to be now decided by the Commissioner and Secretary/Principal Secretary of the General Administration Department, Government of Assam. Accordingly, the Deputy Commissioner, Nagaon and the Additional Deputy Commissioner (Revenue), Assam shall immediately take steps to transmit the RR (CAD) 42/2023 which had been pending before the Divisional Commissioner, Central Assam Division to the Commissioner and Secretary/Principal Secretary of General Administration Department, Government of Assam, who shall thereafter dispose of the same, in terms of the above Notification. The Deputy Commissioner, Nagaon and the Additional Deputy Commissioner (Revenue), shall ensure that the records of the appeal mentioned above are brought to the office of the Commissioner and Secretary/Principal Secretary of General Administration Department within a period of 2 (two) weeks from the date of receipt of a copy of this order.

¶5The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010214842023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5580/2023o BIJOYoKEOTo S/O-oLATEoSHYAMoKEOT,oR/O-oVILL.-oSAGUNBAHIoGRANTo,P.O.o KOTHIATOLI,oP.S.oKAMPUR,oPIN-782427,oDIST.oNAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oGOVT.oOFo ASSAM,oREVENUEoANDoDISASTERoMANAGEMENTo(LR)oDEPARTMENT,o DISPUR,oGHY-781006,oDIST.oKAMRUP(M),oASSAM 2:THEoPRINCIPALoSECRETARY oGOVT.oOFoASSAM oGENERALoADMINISTRATIONoDEPARTMENT oDISPUR oKAMRUP(M) oGHY-781005. 3:THEoDEPUTYoCOMMISSIONER oNAGAON oNAGAON oOLDoTRUNKoROAD oPIN-o782001 oASSAM 4:THEoADDITIONALoDEPUTYoCOMMISSIONER oREVENUEo(NAGAON) oNAGAON oOLDoTRUNKoROAD oPIN-o782001 oASSAM Page No.# 2/4 5:THE CIRCLE OFFICER NAGAON NAGAON SADAR REVENUE CIRCLE DIST. NAGAON ASSAM 6:MONUJ AHMED S/O- LATE ABDUL MALEK R/O- VILL.- RANGALU GAON P.O. JUMURMUR P.S. KAMPUR PIN- 782427 DIST. NAGAON ASSA Advocate for the Petitioner : MR H K BARUAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA