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2025 DAILYLAW 14364 (GAU)

HITESWAR SAIKIA v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/3370/2025 · 2025-06-17

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/2 GAHC010129732025 2025:GAU-AS:8076 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3370/2025 HITESWAR SAIKIA SON OF LT. RAMESH SAIKIA, RESIDENT OF TANGANAPARA GAON (WARD NO. 3),P.O.- DHEMAJI, P.S.- DHEMAJI, DIST- DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT (LR) DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER DHEMAJI DISTRICT P.O.- DHEMAJI ASSAM PIN- 787057. 3:THE CIRCLE OFFICER DHEMAJI REVENUE CIRCLE DHEMAJI P.O.- DHEMAJI ASSAM PIN-787057. 4:DIMBESWAR BORAH S/O SRI HAREN BORAH RESIDENT OF VILLAGE- TANGANAPARA (WARD NO. 3) P.O. AND P.S. DHEMAJI DIST- DHEMAJI ASSAM PIN-78705 Page No.# 2/2 Advocate for the Petitioner : MR N M HAZARIKA, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 18/06/2025 Mr. N.M. Hazarika, learned counsel for the writ petitioner submits that the selection and appointment of the private respondent no. 4 as Gaon Pradhan of Lot No. 3 under Dhemaji Mouza of Dhemaji Revenue Circle, is under challenge in the present writ petition. However, since there is a provision to prefer an appeal under Clause 162C of the Executive Instruction framed under the Assam Land & Revenue Regulations, he be granted leave to withdraw the writ petition with liberty to prefer an appeal. Mr. Hazarika has also sought an observation from this Court to the effect that the delay in preferring the appeal be condoned after taking note of the explanation furnished by the writ petitioner/appellant in that regard. Mr. J.K. Goswami, learned Additional Senior Government Advocate, Assam and Mr. S. Dutta, learned Standing Counsel, Revenue and DM Department, Assam, are present and do not have any objection, if the prayer is allowed. In view of the above, this writ petition stands disposed of on withdrawal, with liberty, as prayed for. JUDGE Comparing Assistant