Samayoun Ali, v. Shahidul Islam and 5 Ors

ORDER Date : 02/02/2024

Heard Mr. D. Barman, learned counsel for the applicant. Also heard Mr. J. Handique, learned Standing Counsel, Revenue and DM Department, Assam, appearing for the opposite party no. 2 and Ms. A. Talukar, learned Government Advocate, Assam, appearing for the opposite party nos. 3 to 6. None has appeared for the opposite party no.1/writ petitioner although the name of the learned counsel is shown in the cause list. The order dated 22/01/2024 passed by this Court goes to show that the learned counsel for the opposite party/writ petitioner was absent even on the last occasion when the matter was posted before this Court. Be that as it may, the opposite party no.1/writ petitioner has approached this Court by filing WP(C) 5349/2023 seeking a Writ of Mandamus for his appointment as Gaon Pradhan of Charge No. 3 of Barpeta Mouza under Barpeta Revenue Circle in the district of Barpeta, on the ground that despite his selection, no order of appointment has been issued till today. The applicant on the other hand, has approached this Court seeking his impleadment as a respondent in the writ petition by contending that it is due to the complaint/appeal filed by the applicant before the competent authority that the process of appointment of the writ petitioner has been stalled and, therefore, he is a necessary party in the writ petition. The learned counsel for the opposite parties have not opposed the prayer made in the IA. In view of the above and considering the grounds stated in the IA, the prayer for impleadment is allowed. The applicant is impleaded as respondent no. 6 in the connected writ petition. Page No.# 4/4 Applicant to file amended cause title in the writ petition. Registry to list the writ petition for order thereafter. IA stands disposed of.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/4 GAHC010294612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2/2024o SAMAYOUNoALI,o S/OoBABARoALI,oR/OoVILLAGEoDHAKUA,oP.O.oDHAKUA,oP.S.oBARPETA,o DIST.oBARPETA,oASSAM,oPINo781309. VERSUSo SHAHIDULoISLAMoANDo5oORSo S/O-oLT.oHAZARAToALI,oVILL-oMAILKUCHI,oPO-oDHOKUA,oPS-oBARPETA,o DIST-oBARPETAo(ASSAM),oPIN-o781309. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY oDEPARTMENToOFoREVENUEoANDoDISASTERoMANAGEMENT. 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoREVENUEoANDoDISASTERoMANAGEMENT oGOVT.oOFoASSAM oDISPUR o GHY-06. 4:THEoDEPUTYoCOMMISSIONER oBARPETA oASSAM. 5:THEoADDL.oDEPUTYoCOMMISSIONER oBARPETA oASSAM. 6:THEoCIRCLEoOFFICER oBARPETAoREVENUEoCIRCLE Page No.# 2/4 DIST- BARPETA ASSAM Advocate for the Petitioner : MR D BARMAN Advocate for the Respondent : SC, REVENUE Linked Case : WP(C)/5349/2023 SHAHIDUL ISLAM S/O- LT. HAZARAT ALI VILL- MAILKUCHI PO- DHOKUA PS- BARPETA DIST- BARPETA (ASSAM) PIN- 781309. VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT GOVT. OF ASSAM DISPUR GHY-06. 3:THE DEPUTY COMMISSIONER BARPETA ASSAM. 4:THE ADDL. DEPUTY COMMISSIONER BARPETA ASSAM. 5:THE CIRCLE OFFICER Page No.# 3/4 BARPETA REVENUE CIRCLE DIST- BARPETA ASSAM. ------------ Advocate for : MR. B K DAS Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM