Babul Ahmed v. The State of Assam and 5 Ors

ORDER

16.12.2024 Heard Ms. SK Nargis, learned counsel for the petitioner. Also heard Shri S. Dutta, learned Standing Counsel, Revenue Department as well as Shri A. Chakraborty, learned Government Advocate, Assam and Shri H. Ali, learned counsel for the respondent no. 6.

¶2The respondent no. 2 – Revenue Department has filed an affidavit-in-opposition on 05.12.2024.

¶3Considering the subject matter involved and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the admission stage.

¶4The matter pertains to a selection and appointment of the post of Gram Pradhan in various villages including Lot No. 4 Salkati Pathar under Dhing Mouza, Nagaon, Assam. It is the case of the petitioner that he was a candidate in the said recruitment process, pursuant to which a select list was published on

11.03.2023 in which his name has figured. However, the respondent no. 6 had Page No.# 3/4 approached this Court by filing WP(C)/1585/2023 challenging the selection process. The said writ petition was disposed of directing the respondent no. 6 to prefer an appeal under Rule 162(C) of the Executive Instructions which was accordingly done. Ms. Nargis, learned counsel for the petitioner has submitted that even though such appeal has been filed, the same has not been considered till date causing prejudice to the petitioner.

¶5Shri Dutta, learned Standing Counsel, Revenue Department has submitted that since the present writ petition is pending, the appeal has not been disposed of.

¶6Shri Ali, learned counsel for the respondent no. 6 has however submitted that the appeal was preferred pursuant to the direction passed in the earlier writ petition preferred by him.

¶7The learned counsel for the contesting parties have submitted that the hearing has already been concluded.

¶8After considering the rival submissions, this Court is of the opinion that instead of keeping this writ petition pending, the same is to be disposed of by a direction for consideration and disposal of the appeal strictly in accordance with law. Let the appeal said to be filed pursuant to the order dated 22.03.2023 of this Court be disposed of by the Appellate Authority within a further period of 45 days from the date of receipt of certified copy of this order. It is needless to state that such disposal is to be done strictly in accordance with law.

¶9In view of the above, this writ petition is disposed of by directing the Appellate Authority to pass final orders of the appeal within the aforesaid stipulated time.

¶10The learned counsel for the parties may furnish certified copy of this order Page No.# 4/4 before the Appellate Authority for doing the needful. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010226702024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5580/2024o BABULoAHMEDo S/OoRUHULoAMINo RESIDENToOFoVILLAGEoSALKATIoPATHAR,oPSoDHING,oDISToNAGAON,o ASSAMo782126 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM,o REVENUEoANDoDISASEREoMANEGEMENTo(LR)oDEPT.DISPURo GUWAHAWTIo06 2:THEoDIRECTORoOFoLANDoRECORDSoANDoSURVEY oRUPNAGAR oASSAMoGUWAHATI 3:THEoDISTRICToCOMMISSIONER oNAGAON oASSAM 4:THEoADDITIONALoDEPUTYoCOMMISSIONER oNAGAON(REVENUE)oASSAM 5:THEoCIRCLEoOFFICER oDHINGoREVENUEoCIRCLE oDHING oNAGAON oGUWAHATIo06 6:GIASoUDDIN Page No.# 2/4 S/O MOHAMMAD ALI VILLAGE AND PO SALKATI PATHAR PS DHING NAGAON ASSAM 78212 Advocate for the Petitioner : MS. S K NARGIS, MS. M K BROWN,MS N SULTANA,MS S BEGUM Advocate for the Respondent : GA, ASSAM, B BARMAN (R-6),MR. H ALI(R-6),SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI