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2025 DAILYLAW 25101 (GAU)

NIZAM UDDIN AHMED v. THE STATE OF ASSAM AND OTHRS

WP(C)/5298/2025 · 2025-11-16

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010202422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5298/2025 NIZAM UDDIN AHMED S/O- LATE PARASH ALI, R/O- VILLAGE CHAMPUPARA GAON, P.S- CHHAYGAON, PIN-781136, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHATI-32 3:THE SLECTION BOARD REP. BY THE CHAIRMAN CUM THE DEPUTY COMMISSIONER KAMRUP ASSAM PIN-781031 4:THE CIRCLE OFFICER GOROIMARI REVENUE CIRCLE DIST. KAMRUP (R) ASSAM 5:ANOWAR HUSSAIN S/O- RAHIM UDDIN R/O- VILLAGE CHAMPUPARA GAON Page No.# 2/4 P.S- CHHAYGAON PIN-781136 DIST- KAMRUP ASSA Advocate for the Petitioner : K LORENI REGINA YANTHAN, DR. C R BORUAH,MR. S ALIM Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.11.2025 Heard Mr. S Alim, learned counsel for the petitioner. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam and Mr. S Dutta, learned Standing Counsel, Revenue Department. 2. The petitioner has filed this writ petition being aggrieved by the selection of the private respondent no.6 for the post of Gaonpradhan in Champupara Gaon under Goroimari District of Kamrup. Learned counsel for the petitioner submits that he has filed an appeal before the Appellate Authority, however, the Appellate Authority being the Director of Land Records and Surveys who was the Member of the Selection Committee cannot take up the matter. While the matter was situated thus, the petitioner was informed by the Director of Land Records and Surveys requesting for his consent to either transfer the records to the second Appellate Authority, namely, Additional Chief Page No.# 3/4 Secretary to the Government of Assam, Revenue and Disaster Management Department or have the appeal heard by the Additional Director of the Directorate of Land Records and Surveys. During the pendency of the writ petition, the petitioner was served with an intimation to which the petitioner had filed a reply dated 11.11.2025 and the petitioner is consented that the appeal be heard by the Additional Director of the Directorate of Land Records and Surveys as he does not want to lose a forum by transferring the appeal to the Second Appellate Authority. 3. Learned counsel for the petitioner on instructions submits that since the petitioner has already consented to have the appeal heard by the Additional Director in the Directorate of Land Records and Surveys, he would not like to press this writ petition any further at this stage. He, however, submits he be permitted to approach this Court, if the petitioner’s grievances are not redressed. His further prayer is that the appeal by the First Appellate Authority be decided with the time bound period. 4. Submissions of the learned counsel for the petitioner are not objected to by the learned counsel for the respondents. 5. Accordingly, the writ petition stands closed as not pressed. The first appellate authority, namely, the Director of Land Records and Surveys forthwith shall transfer the records to the Additional Director, Directorate of Land Records Page No.# 4/4 and Surveys within a period of 1 (one) week from the date of receipt of a certified copy of this order, whereupon the Additional Director, Directorate of Land Records and Surveys will commence the hearing of the appeal filed by the petitioner. The appeal be disposed of as expeditiously as possible within a period of 60 (sixty) days from the date the Additional Director, Directorate of Land Records and Surveys is in receipt of the appellate papers transferred from the office of the Director of Land Records and Surveys. 6. With the above observation the writ petition stands closed as not pressed with liberty. JUDGE Comparing Assistant