GAHC010229752025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5971/2025

IMDADUL ISLAM

S/O- JAYNAL ABDIN, VILL. - BHAKAT GAON P.O.- CHILLANGONI MOUZA-

KACHAMARI P.S.- SADAR NAGAON DIST.- NAGAON PIN-782002

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT (L.R)

DEPARTMENT, DISPUR, GUWAHATI-06

2:THE DIRECTOR OF LAND RECORDS AND SURVEY

ASSAM

RUPNAGAR GHY-781032

3:THE DISTRICT COMMISSIONER

NAGAON P.O AND DIST.-NAGAON ASSAM. PIN-782002

4:THE CIRCLE OFFICER

NAGAON SADAR REVENUE CIRCLE. DIST.-NAGAON

ASSAM

5:AMIR HUSSAIN

S/O- SURHAB ALI VILL. - BHAKAT GAON P.O.- CHILLANGONI P.S.- SADAR

NAGAON DIST.- NAGAON

(ASSAM) PIN-78200

Advocate for the Petitioner : MR. H ALI, MS A DAS,B BARMAN

Advocate for the Respondent : SC, REVENUE, FOR CAVEATOR,MS. S K NARGIS,GA, ASSAM

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

17.10.2025 Heard Mr. H. Ali, learned counsel for the petitioner; Mr. J. Handique, learned Standing Counsel, Revenue Department for the respondent nos. 1 & 2; Mr. C.K.S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4; and Ms. S.K. Nargis, learned counsel for the respondent no. 5/caveator.

2. By an Advertisement dated 05.09.2022 issued by the respondent no. 3, applications were invited for filling up a nos. of post of Gaon Pradhan including Lot no. 2 Bhakat Gaon, Village – Naramari, Mouza – Kachamari, District – Nagaon [Sadar]. The petitioner and the respondent no. 5 along with others, submitted their candidatures. The Selection Committee constituted for the purpose of selection, had prepared and published a Select List on 11.03.2023 wherein the respondent no. 5 was shown as 1^st ranked candidate whereas the petitioner was shown at rank no. 21. The Selection Committee gave overall average score

37.33 marks to the respondent no. 5 and the petitioner was given 36.66 marks.

3. The petitioner had inter-alia assailed the selection of the respondent no. 5 on three grounds, firstly, there were procedural irregularities in the selection process; secondly, the petitioner was from the family of the previous Gaon Pradhan and therefore, he had to be granted preference in the matter of selection of the Gaon Pradhan; and thirdly, the respondent no. 5 is a member of a political party. By raising the above grounds along with other grounds, the petitioner preferred an appeal before the Appellate Authority, that is, the respondent no. 2. The appeal preferred by the petitioner was dismissed by a Speaking Order dated 24.09.2025. Hence, the present writ petition.

4. Mr. Ali, learned counsel for the petitioner has reiterated the grounds raised in the appeal.

5. Ms. Nargis, learned counsel for the respondent no. 5/caveator has submitted that after dismissal of the appeal, the respondent no. 5 has since joined in the post of Gaon Pradhan.

6. Both Mr. Handique, learned Standing Counsel, Revenue Department and Mr. Baruah, learned Junior Government Advocate have submitted that against an order passed in appeal in the matter of selection and appointment of Gaon Pradhan, the petitioner has a remedy of preferring a revision before the revisional authority as per the provisions contained in Executive Instruction no. 162[D] of the Assam Land and Revenue Regulation, 1886.

7. The matter would require consideration. 8. Issue notice, returnable on 14.11.2025.

9. As all the respondents have entered appearance through the respective learned counsel, issuance of formal notice to the respondents is dispensed with. The learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with annexures to the learned counsel for the respondents within 2 [two] working days from today.

10. List the case on 14.11.2025.

JUDGE Comparing Assistant