GAHC010010372015 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/3153/2023 MD. ABUL HUSSAIN S/O LT. MD. BAHAR ALI R/O VILL. BADLA PATHAR P.O. BADLA BAZAR DIST- KAMRUP ASSAM VERSUS THE STATE OF ASSAM and 6 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF REVENUE DISPUR GUWAHATI-6

2:THE COMMISSIONER LOWER ASSAM DIVISION GHY-1

3:THE DY. COMMISSIONER KAMRUP RURAL GUWAHATI AMINGAON ASSAM

4:THE SUB DIVISIONAL OFFICER S KAMRUP RURAL P.O. and P.S. AMINGAON GHY-01 ASSAM

5:THE CIRCLE OFFICER NAGARBERA REVENUE CIRCLE NAGARBERA P.O. and P.S. NAGARBERA DIST- KAMRUP RURAL ASSAM

6:ALTAP HUSSAIN S/O ABDUL HOQUE VILL. BADLA PATHAR P.O. BADLA BAZAR P.S. NAGARBERA DIST- KAMRUP RURAL ASSAM

7:THE SELECTION BOARD FOR SELECTION OF GAONBURAH OF VILL. BADLAPATHAR REP. BY THE SUB- DIVISIONAL OFFICER SADAR OF KAMRUP RURAL DISTRICT P.O. AMINGAON DIST- KAMRUP RURAL ASSAM ------------

Advocate for : MR. M A SHEIKH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM and 6 ORS Linked Case :WP(C)/1470/2015 MD. ABUL HUSSAIN S/O LT. MD. BAHAR ALI, VILL. BADLA PATHAR, P.O. BADLA BAZAR, DIST-

KAMRUP, ASSAM VERSUS THE STATE OF ASSAM and 6 ORS, REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF REVENUE, DISPUR, GHY-6

2:THE COMMISSIONER LOWER ASSAM DIVISION GHY-1

3:THE DY. COMMISSIONER KAMRUP RURAL GUWAHATI AMINGAON ASSAM

4:THE SUB DIVISIONAL OFFICER S KAMRUP RURAL P.O. and P.S. AMINGAON GHY-01 ASSAM

5:THE CIRCLE OFFICER NAGARBERA REVENUE CIRCLE NAGARBERA P.O. and P.S. NAGARBERA DIST- KAMRUP RURAL ASSAM

6:ALTAP HUSSAIN S/O ABDUL HOQUE VILL. BADLA PATHAR P.O. BADLA BAZAR P.S. NAGARBERA DIST- KAMRUP RURAL ASSAM

7:THE SELECTION BOARD FOR SELECTION OF GAONBURAH OF VILL. BADLAPATHAR REP. BY THE SUB- DIVISIONAL OFFICER SADAR OF KAMRUP RURAL DISTRICT P.O. AMINGAON DIST- KAMRUP RURAL ASSA Advocate for the Petitioner : MR. M HUSSAIN, MR. K U AHMED,MR. M A SHEIKH,MS. A BEGUM,MS. F INTAZ Advocate for the Respondent : GA, ASSAM (R1), MR. T C CHUTIA (R2-R5),MR. J.K. GOSWAMI, ADDL. SR. GA, ASSAM,,MS. S KAKATI (R6),MR. C CHAKRAVARTY (R6),MR. R HAZARIKA (R6),MR. J ROY (R6)

BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

17/03/2026 Heard Mr. M A Sheikh, learned counsel for the applicant. Also heard Mr. T C Chutia, learned Additional Senior Government Advocate, appearing for the opposite party Nos. 1 to 5 & 7 and Mr. R Hazarika, learned counsel for the opposite party No. 6.

2. The present Interlocutory Application has been instituted by the applicant/petitioner praying for amendment of the writ petition for the purpose of bringing on record contentions to the effect that the respondent authorities after the appointment of the respondent No. 6 as Gaonburha in pursuance to the advertisement dated 14.05.2008 had refused to furnish a copy of such appointment order to the petitioner, herein. Amendment is also sought to be made in the prayer portion of the writ petition.

3. I have heard the learned counsels for the parties and perused the materials available on record.

4. At the outset, this Court finds that the present Interlocutory Application was instituted on 12.10.2023, whereas, the writ petition was so filed way back on 27.02.2015. Further, the Interlocutory Application is found to be pending before this Court since 2023 and is being pressed when the connected writ petition was listed for final consideration.

5. The contentions that are now sought to be introduced in the writ petition are contentions, which were available to the petitioner at the time of filing of the writ petition.

However, the same was not incorporated in the writ petition.

6. Considering the nature of the amendment sought to be made, which in the considered view of this Court is to the effect that the order of appointment of the respondent No. 6 as Gaonburha was not furnished to the petitioner, this Court considers that the date of appointment of the respondent No. 6, being available as disclosed by the learned counsel fo