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2025 DAILYLAW 20163 (GAU)

MOFIDUL ISLAM v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5559/2024 · 2025-03-18

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010225132024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5559/2024 MOFIDUL ISLAM S/O- LATE JALAL UDDIN, VILLAGE- DAKHIN KHATOWAL, P.O- TARABARI, PIN-782125, P.S- RUPAHIHAT, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI- 781006. 3:THE DEPUTY COMMISSIONER NAGAON DISTRICT- NAGAON ASSAM- 782001. 4:THE ADDL. DEPUTY COMMISSIONER (REVENUE) NAGAON DISTRICT- NAGAON ASSAM- 782001. 5:THE SELECTION BOARD Page No.# 2/3 REP. BY THE CHAIRMAN CUM DEPUTY COMMISSIONER NAGAON ASSAM PIN-782001 6:THE CIRCLE OFFICER RUPAHI REVENUE CIRCLE RUPAHI P.O- RUPAHI PIN-782128 P.S- RUPAHIHAT DIST- NAGAON ASSA Advocate for the Petitioner : MS. U BARUAH, MR D DEKA,MR. N K KALITA,MR. T U LASKAR,MR. N DHAR Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.03.2025 Heard Mr. N.K. Kalita, learned counsel for the petitoner. Also Heard Mr. T.C. Chutia, learned counsel for the respondents. The petitioner was selected as a Gaonburah of Lot No. 3 Dakhin Khatowal in the Mouza Saidoria under Rupahihat Revenue Circle in the district of Nagaon. Subsequently, the petitioner was not allowed to join and as no appropriate order was issued, he has filed the present writ petition. During the pendency of the writ petition, the affidavit has been filed by the respondents whereby at Paragraph-7, there is an averment that pursuant to the directions of this Court vide order dated 22.03.2023 passed in W.P(C) No. 1614/2023, the petitioner therein preferred an appeal before the Divisional Page No.# 3/3 Commissioner, Central Assam assailing the appointment of the present petitioner. The appellate authority is presently inseisin of the matter. Consequently, the appointment order could not be issued. Mr. Kalita, learned counsel for the petitioner submits that he would like to withdraw the writ petition and participate in the appellate proceedings. However, a direction be issued to dispose of the appeal expeditiously. The prayer made appears to the Court to be reasonable. Accordingly, the writ petition stands closed permitting the petitioner to pursue his remedies before the appellate authority in appeal No. 115/2024 filed by the petitioner in W.P(C) No. 1614/2023 challenging the appointment order issued to the present petitioner and which appeal is presently stated to be pending before the appellate authority. The petitioner is permitted to participate in the said appeal and thereafter the appellate authority will hear both the parties and pass a speaking order as expeditiously as possible. If the appeal has not yet been disposed of, then such a speaking order shall be passed within a period of 60 days from the date of receipt of certified copy of this order. In view of the above, the writ petition stands disposed of. JUDGE Comparing Assistant