Bandana Kalita v. The State of Assam and 5 Ors

ORDER Date : 02-02-2024 Heard Ms. S.K. Bakht, learned counsel for the writ petitioner. Also heard Ms. M. Bhattacharyya, learned Addl. Sr. Govt. Advocate, Assam appearing on behalf of the respondent Nos. 2, 3, 4 and 6 who submits on instruction that the allegation made in the writ petition are all denied and disputed by the authorities. She further submits that since an appeal has already been preferred assailing the selection and appointment of respondent No. 5 as Gaon Pradhan of village Ischadagharia under Rangia Revenue Circle, hence, this writ petition be closed by directing expeditious disposal of the pending appeal. Mr. J. Handique, learned standing counsel, Revenue Department, Assam has produced a copy of the Govt. notification issued yesterday, i.e. on 01-02-2024, to submit that the Director of Land Record and Survey, Assam has now been designated as the Page No.# 3/3 authority to hear the appeals preferred under the provision of Rule 162(C) of the Executive Instruction framed under the Assam Land and Revenue Regulation and he is required to hear and dispose of the appeals within 60 days from the date of receipt of the record. I have perused the notification dated 01-02-2024. The learned counsel for the petitioner has fairly submitted that her client will be satisfied if the pending appeal is disposed of by the concerned authority in a time bound manner. In view of the above, without commenting on the merit of the claim and counter claim of the parties, this writ petition stands disposed of with a direction upon the concerned authority to transmit the record of the appeal preferred by the petitioner under Rule 162(C) of the Executive Instruction before the appellate authority within a period of 02 weeks from the date of receipt of a certified copy of this order. Thereafter, the appeal be heard and disposed of within the timeframe provided by the notification dated 01-02-2024, after giving proper opportunity of being heard to the parties. Writ petition stands disposed of accordingly.

JUDGE GS Comparing Assistant

PageoNo.#o1/3 GAHC010263822023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7409/2023o BANDANAoKALITAo D/O-oLATEoNARENoCHANDRAoKALITA,o R/O-oISCHADAGHARIA,o P.O.-oKONIHA,o DISTRICT-oKAMRUP(R),oASSAM,o PIN-o781380. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o LANDoANDoREVENUEoDEPARTMENT,o DISPUR,oGUWAHATI-o6. 2:THEoDEPUTYoCOMMISSIONER oKAMRUP(RURAL)oDISTRICT oAMINGAON oNORTHoGUWAHATI oPIN-o781031. 3:THEoADDITIONALoDEPUTYoCOMMISSIONERo(REVENUE) oKAMRUP(RURAL)oDISTRICT oAMINGAON oNORTHoGUWAHATI oPIN-o781031 4:THEoCIRCLEoOFFICER oRANGIAoREVENUEoCIRCLE oP.O.-oRANGIA oDISTRICT-oKAMRUP oASSAM. Page No.# 2/3 5:BABUL KALITA SON OF HARESWAR KALITA RESIDENT OF VILLAGE- ISCHADAGHARIA P.O.- KONIHA DISTRICT- KAMRUP(R) ASSAM PIN- 781380. 6:THE OFFICE OF THE COMMISSIONER OF LOWER ASSAM DIVISION GUWAHATI Advocate for the Petitioner : MRS. K DEVI Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM