Ripul Bhuyan v. The State of Assam and 4 Ors

ORDER

09.10.2023 Heard Shri SK Das, learned counsel for the petitioner. Also heard Shri J. Handique, learned Standing Counsel, Revenue Department as well as Shri A. Phukan, learned Standing Counsel, GAD and Shri D. Bora, learned State Counsel.

¶2Considering the subject matter involved and the facts and circumstances, this writ petition is taken up for disposal at the motion stage itself.

¶3The petitioner is an aspirant for the post of Gaon Pradhan which was sought to be filled up by an advertisement dated 03.09.2022. The concerned charge is Charge No. 23, Mouza – Sarukhetri under Sarthebari Revenue Circle in the district of Barpeta.

¶4In the selection process, the respondent no. 5 was selected and according to the petitioner, the respondent no. 5 did not fulfill the eligibility criteria more specifically for possessing landed properties. In this connection, the petitioner had earlier approached this Court by means of a writ petition being WP(C)/2170/2023 prior to which a statutory appeal was also preferred being Appeal Case No. RR-37/2023. The said writ petition was disposed of on

21.04.2023 with a direction for consideration of the appeal within a period of 60 Page No.# 3/4 days.

¶5Shri Das, learned counsel for the petitioner has submitted that while the appeal was in the process of being adjudicated and disposed of, there were certain change in the procedure whereby the appellate authority was changed from the Divisional Commissioner to the Principal Secretary, General Administration Department. Shri Das, learned counsel has also drawn the attention of this Court to the parawise comments from which he submits that the contention of the petitioner appears to be substantiated. It is also contended that though the earlier appellate authority had held the hearing for one day, the same could not be continued due to the change as noted above. The learned counsel accordingly submits that a direction be issued that the matter be taken up by the present appellate authority and the appeal be disposed of expeditiously.

¶6The learned counsel for the respondents do not object to the aforesaid prayer in principle.

¶7Considering the aforesaid submission, the instant writ petition is disposed of by directing the present appellate authority namely, the Principal Secretary, GAD, Government of Assam to take on board the appeal being Appeal Case No. RR-37/2023 by getting the records called from the erstwhile appellate authority and dispose of the appeal expeditiously and preferably within an outer limit of 45 days from today as there was already a direction of this Court in WP(C)/2170/2023 for disposal of the appeal within 60 days.

¶8To facilitate such disposal, the petitioner may also furnish duplicate copy of all the documents to the present appellate authority which may be done within a week from today. Page No.# 4/4

¶9The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010226082023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5921/2023o RIPULoBHUYANo SONoOFoSRIoJITENoBHUYAN,oRESIDENToOFoVILLAGE-oBARoAMRIKHOWAo (BARSHALAoBEELARoPATHAR),oP.O.oAMRIKHOLAo,oP.S.oSARTHEBARI,o DISTRICT-oBARPETA,oASSAM,oPINoNO.o781307 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoADDL.oCHIEFoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM,oREVENUEoADoDISASTERoMANAGEMENTo(L.R.)oDEPARTMENT,o DISPUR,oGUWAHATI-6 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oGENERALoADMINISTRATIONo(B)oDEPARTMENT oDISPUR oGUWAHATI-6 3:DISTRICToCOMMISSIONERo(ERSTWHILEoDEPUTYoCOMMISSIONER) oBARPETA oP.O.oANDoP.S.oBARPETA oPIN-o781301 4:ADDITIONALoDEPUTYoCOMMISSIONER o(OFFICEoOFoTHEoDISTRICToCOMMISSIONER) oBARPETA oPIN-o781301 5:HITESHoBARMAN oSONoOFoMURALIDHARoBARMAN oRESIDENToOFoVILLAGE-oBARoAMRIKHOWAo(BARSHALA) oP.O.oAMRIKHOLA oP.S.oSARTHEBARI Page No.# 2/4 DISTRICT- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR. S K DAS Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI