Hoijuddin Khandakar v. The State of Assam and 5 Ors

ORDER

17.11.2023 Heard Mr. P. Mahanta, 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 07.10.2022. The concerned charge is Page No.# 3/4 Lot No. 10 of Bonmajha Mouza under Pathrighat Revenue Circle.

¶4In the selection process, the respondent no. 6 was selected and according to the petitioner, the respondent no. 6 did not fulfill the eligibility criteria. In this connection, the petitioner had earlier approached this Court by means of a writ petition being WP(C) No. 2602/2023 prior to which a statutory appeal was also preferred. The said writ petition was disposed of on 15.05.2023 with a direction for consideration of the appeal within a period of 60 days.

¶5Mr. Mahanta, 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. Mr. Mahanta, 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 by getting the records called from the erstwhile appellate authority and dispose of the appeal Page No.# 4/4 expeditiously and preferably within an outer limit of 45 days from today as there was already a direction of this Court in WP(C)/6202/2023 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. The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010246572023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6599/2023o HOIJUDDINoKHANDAKARo S/O-oLATEoHAMIDoALI,o R/O-oVILLAGE-oSALIKAJHAR,o P.O.-oBURHA,oDISTRICT-oDARRANG,o ASSAM,oPIN-o784148. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoCOMMISSIONERoANDoSECRETARY,o REVENUEoDEPARTMENT,o GOVT.oOFoASSAM,o DISPUR,oGUWAHATI-06. 2:PRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oGENERALoADMINISTRATIVEoDEPARTMENT oDISPUR oGUWAHATI-06. 3:THEoDEPUTYoCOMMISSIONERoCUMoCHAIRMAN oDISTRICToSELECTIONoBOARD oDARRANG oMANGALDOI oPIN-o784125. 4:PRANABoKUMARoSARMA oFORMERoDEPUTYoCOMMISSIONERoCUMoCHAIRMAN o DISTRICToSELECTIONoBOARD oDARRANG o MANGALDOI Page No.# 2/4 PIN- 784125. 5:MUNINDRA NATH NGATEY DEPUTY COMMISSIONER DARRANG MANGALDOI PIN- 784125. 6:SARAT DEKA S/O- HARI DEKA R/O- VILLAGE- BORBORI P.O.- BURHA DISTRICT- DARRANG ASSAM PIN- 784148 Advocate for the Petitioner : MR. P MAHANTA Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA