GAHC010239742025

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6228/2025

IBRAHIM ALI

S/O- LATE MAHIM UDDIN SARKAR, R/O-VILL BHAKHURADIA, P.O.-

NAGARBERA, P.S.-NAGARBERA, KAMRUP RURAL, ASSAM.

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THECOMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHTI-

6.

2:THE DISTRICT COMMISSIONER

KAMRUP

AMINGAON GUWAHATI

ASSAM-781031.

3:THE ADDITIONAL DISTRICT COMMISSIONER

KAMRUP (REVENUE)

AMINGAON GUWAHATI

ASSAM

PIN- 781031.

4:THE CIRCLE OFFICER

NAGARBERA REVENUE CIRCLE

NAGARBERA

DIST. KAMRUP ASSAM-781127. 5:JALAL UDDIN

S/O- SORHAB ALI @ DARAG ALI

R/O- VILL.- BHAKHURA DIA P.O. NAGARBERA P.S. NAGARBERA DIST. KAMRUP ASSAM PIN- 781127 Advocate for the Petitioner : MR. U K GOSWAMI, MS. A TALUKDAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

03.11.2025 Heard Ms. A. Talukdar, learned counsel for the petitioner. Also heard Mrs.

M. Bhattacharyaa, learned Addl. Senior Government Advocate for the State respondents and Mr. S. Dutta, learned Standing Counsel, Revenue Department.

This writ petition is filed by the petitioner who submits that the respondent No.5 was selected as a Gaon Burah of No.1 Bhakhuradia village, P.O. Nagarbera, P.S.-Nagarbera in the district of Kamrup (R), without fulfilled of the norms prescribed in the advertisement, which is necessary for being selected to the post of Gaon Burah.

The writ petitioner had earlier approached this Court by filing WP(C)

No.5400/2015 which came to be disposed of by order dated 27.06.2023. The Co-ordinate Bench by this order disposed of the writ petition directing the Deputy Commissioner, Kamrup (R) to make an inquiry or cause an inquiry to be made by a competent person so as to ascertain whether the present respondent No.5 who was arrayed as respondent No.4 in the said writ petition fulfilled the eligibility norms under the advertisement notice as well as in terms of the executive instructions in force at the relevant point in time. If the eligibility norms are found to be fulfilled then appointment order is to be issued. The said writ petition in terms of the said direction stood closed or stood disposed of. In pursuance to the order passed by the Co-ordinate Bench an inquiry was accordingly ordered. The petitioner obtained a copy of the inquiry report through RTI reply from the concerned office.

It is the submission of the learned counsel for the petitioner that the inquiry report did not consider the case of the private respondent No.5 in terms of the eligibility criteria.

The learned counsel for the petitioner submits that certain relevant material was left out for consideration during the inquiry undertaken. The petitioner is apprehends that the order of appointment in favour of the private respondent No.5 is likely to be issued shortly notwithstanding the respondent No.5 not fulfilling the required criteria.

Considering the submissions made, let notice issued within returnable by

05.12.2025.

Mrs. M. Bhattacharyya, learned Addl. Senior Government Advocate representing respondent Nos. 2, 3 and 4 and Mr. S. Dutta, learned Standing Counsel, Revenue department appears for respondent No.1.

Since, the respondent Nos.1, 2, 3 and 4 are represented by their respective counsels, notices waived. However, extra copies be furnished within a period of one week from today.

Steps on respondent No.5 shall be taken by Speed Post within one week from today.

Matter be listed again 05.12.2025.

Till the next date fixed the parties shall maintain status quo as on date.

JUDGE Comparing Assistant