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GAHC010033062026

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

Case No. : WP(C)/1007/2026

NIZAM UDDIN AHMED SON OF LATE PARASH ALI RESIDENT OF VILLAGE- CHAMPUPARA GAON P.S.- CHHAYGAON, PIN-781136 DISTRICT- KAMRUP, ASSAM

VERSUS

THE STATE OF ASSAM AND OTHRS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM SACHIVALAYA, DISPUR, GUWAHATI781006

2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM

RUPNAGAR GUWAHATI -781032

3:THE SELECTION BOARD REPRESENTED BY THE CHAIRMAN CUM THE DEPUTY COMMISSIONER

KAMRUP ASSAM PIN781031

4:THE CIRCLE OFFICER GOROIMARI REVENUE CIRCLE GOROIMARI

KAMRUP ASSAM

PIN-78112

Advocate for the Petitioner : MR. S ALIM, DR. C R BORUAH

Advocate for the Respondent : SC, REVENUE, GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

31.03.2026

Heard Mr. S Alim, learned counsel for the petitioner. Also heard Ms. S

Baruah, learned Government Advocate, Assam and Mr. S Dutta, learned

Standing Counsel, Revenue Department.

The petitioner is aggrieved that notwithstanding the appeal being allowed

by the Appellate Authority vide the order dated 02.02.2026, whereby the appointment of one Anowar Hussain, who was appointed as the Gaon Pradhan of Chumpupara Gaon was set aside, the Appellate Authority did not proceed to issue any consequential order directing the District Authority to appoint the petitioner who had secured the second highest mark as per the select list. It is submitted by the learned counsel for the petitioner that the candidate who was selected, namely, Anowar Hussain, his appointment was set aside by the Appellate Authority. Consequently, the petitioner, being the second highest candidate in the select list, is entitled to be treated as the selected candidate. Accordingly, upon the setting aside of the appointment of Anowar Hussain, the petitioner ought to have been considered and appointed to the said post. But no

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such order has been passed by the Appellate Authority and the District Authority may proceed for fresh selection. He therefore submits that the directions be

issued in terms of the prayers made in the writ petition.

Mr. S Dutta, learned Standing Counsel, Revenue Department and Ms. S

Baruah, learned Government Advocate, Assam, jointly pray for 2 (two) weeks’

time to complete their instructions. List the matter after 2 (two) weeks.

The respondents shall complete their instructions and file necessary

affidavits in the meantime.

JUDGE

Comparing Assistant