Page No.# 1/3 GAHC010205372023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5349/2023 SHAHIDUL ISLAM S/O- LT. HAZARAT ALI, VILL- MAILKUCHI, PO- DHOKUA, PS- BARPETA, DIST- BARPETA (ASSAM), PIN- 781309. VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT GOVT. OF ASSAM DISPUR GHY-06. 3:THE DEPUTY COMMISSIONER BARPETA ASSAM. 4:THE ADDL. DEPUTY COMMISSIONER BARPETA ASSAM. 5:THE CIRCLE OFFICER BARPETA REVENUE CIRCLE DIST- BARPETA Page No.# 2/3 ASSAM. 6:SAMAYOUN ALI AGED ABOUT 33 YEARS SON OF BABAR ALI RESIDENT OF VILLAGE DHAKUA PO DHAKUA PS BARPETA DISTRICT BARPETA ASSAM PIN 78130 Advocate for the Petitioner : MR. B K DAS, Advocate for the Respondent : SC, REVENUE, MR D BARMAN (R-6),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 17/02/2025 Heard Mr. B.K. Das, learned counsel for the writ petitioner. Also heard Mr. J.K. Goswami, learned Additional Senior Government Advocate, Assam, appearing for the respondent nos. 3, 4 & 5 and Mr. S. Dutta, learned Standing Counsel, Revenue and DM Department, Assam, representing the respondent nos. 1 & 2. The petitioner herein had participated in the selection process for appointment of Gaon Pradhan of Charge No. 13 of Barpeta Mouza under Barpeta Revenue Circle and ultimately he had emerged as a successful candidate. The grievance of the petitioner is that while all other selected candidates have been appointed, no action has been taken by the authorities to issue any order of appointment in his favour. Hence, this writ petition. The matter was posted for obtaining instruction by the learned Departmental counsel. Today, when the writ petition is taken up, Mr. Goswami submits that there is an appeal preferred by the Page No.# 3/3 aggrieved party assailing the selection of the petitioner, which was originally numbered as RR 30/2023 before the Commissioner, Lower Assam Division. However, subsequently with the change of the appellate authority, the appeal has been re-numbered as 16/2024 and the same is now pending before the Director of Land record and Survey, State of Assam. Mr. Dutta submits on telephonic instruction received by him that the appeal in question is under process and is likely to be disposed of within a short time. After hearing the submissions made at the Bar, it is apparent that the only reason why no order of appointment has been issued in favour of the petitioner is the pendency of the appeal preferred by an aggrieved person questioning his selection for appointment as Gaon Pradhan of Charge No. 13, Barpeta Mouza. If that be so, until and unless the appeal is disposed of, the question of issuing the order of appointment in favour of the writ petitioner may not arise. Therefore, at this stage, the only relief that can be granted to the petitioner is in the form of an order directing expeditious disposal of the pending appeal. This writ petition is, therefore, disposed of by providing that within 60 (sixty) days from the date of receipt of a certified copy of this order, the appellate authority shall dispose of the appeal preferred against the selection of the writ petitioner. Subject to the outcome of the appeal, necessary steps for issuance of appointment order in the post of Gaon Pradhan of Charge No. 13, Barpeta Mouza be initiated without any further delay. The writ petition stands disposed of. JUDGE sukhamay Comparing Assistant