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2026 DAILYLAW 3240 (GAU)

SHAHERA KHATUN v. THE STATE OF ASSAM AND 6 ORS

WP(C)/193/2026 · 2026-02-17

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010003572026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/193/2026 SHAHERA KHATUN W/O- LATE OSMAN GANI AKAND, R.O- VILL - SUKHOWARJHAR, P.O - DHARMAPUR, DIST - BARPETA, ASSAM, PIN- 781308. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT (L.R.) DEPARTMENT, DISPUR, GUWAHATI- 6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT (L.R). DEPARTMENT DISPUR GUWAHATI- 6. 3:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHATI-32. 4:THE DEPUTY COMMISSIONER BARPETA P.O. AND DIST BARPETA ASSAM PIN-781301. 5:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) BARPETA P.O. AND DIST- BARPETA ASSAM Page No.# 2/5 PIN-781301. 6:THE CIRCLE OFFICER BAGHBOR REVENUE CIRCLE MANDIA DIST- BARPETA ASSAM PIN-781308. 7:JIL HOQUE S/O- MANJIL BEPARI R/O VILL.- SUKHOWARJHAR P.O.- DHARMAPUR DIST.- BARPETA ASSAM PIN-781308 Advocate for the Petitioner : MR. I H SAIKIA, A PATHAK,MR. B BORAH,MR. K KALITA,MR. M R CHOUDHURY Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MR R ALI,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 18.02.2026 Heard Mr. K Kalita, learned counsel for the petitioner. Also heard Ms. M Bhattacharjee, learned Additional Senior Government Advocate, Assam, Mr. S Dutta, learned Standing Counsel, Revenue and Disaster Management Department and Mr. R Ali, learned counsel for the respondent no.7. 2. This writ petition is filed by the petitioner seeking a direction to the respondent authorities, namely, respondent no.4, the District Commissioner, Barpeta and the respondent no.5, the Additional Deputy Commissioner, Page No.# 3/5 (Revenue), Barpeta to relieve the private respondent no.7 from the post of Gaon Pradhan of Charge No.12, Village- Sukhowarjhar Char, Mouza- Baghbar under Baghbar Revenue Circle in the district of Barpeta. The private respondent no.7 was selected as Gaon Pradhan for the said Charge. The present petitioner also participated in the selection process but she was not selected and therefore she preferred an appeal which was dismissed by speaking order dated 11/11/2025. Against the said dismissal appeal the petitioner filed a review petition before the respondent no.2 which came to be disposed of by order dated 11.02.2026. By the said order the Reviewing Authority, namely, the Additional Chief Secretary, Department of Revenue and Disaster Management Department passed the following order: “It is well settled that where the selection process is vitiated due to violation of mandatory eligibility conditions or arbitrariness, the proper course it to set aside the entire selection and direct fresh recruitment. In view of the above observations and upon perusal of provisions of Executive Instructions contained in Assam Land and Revenue Regulation, 1886 (Amendment) 2018, the impugned order dated 11.11.2025 vide Memo No.DLR/Appeal-14/2024/149-A passed by the Director of Land Records and Surveys etc., Assam is set aside and quashed. Accordingly, the entire appointment process which led to appointment of Jil Haque as GAon Pradhan of Charge No.12 under Baghbar Mouza, District-Barpeta stands quashed and the District Commissioner, Barpeta is here directed to initiate a fresh process for appointment to the post of Gaon Pradhan of the said charge as Page No.# 4/5 per prevailing rules and instructions. District Commissioner, Barpeta shall also make necessary arrangement for discharge of duties of Gaon Pradhan of Lot No.12. The Review petition is disposed of accordingly.” 3. The specific grievance of the writ petitioner is that in spite of the order passed by the Review Authority, the private respondent no.7 continues to hold the post of Gaon Pradhan of the said Charge and the respondents authorities have not proceeded to implement the order of the Review Authority. Under such circumstances, this writ petition has been filed. 4. Notice in the matter was issued on 09.01.2026 and the private respondent no.7 is represented by Mr. R Ali, learned counsel. 5. Today when the matter was called up, Ms. M Bhattacharjee, learned Additional Senior Government Advocate, Assam submits that the District Commissioner, Barpeta by order dated 16.02.2026 has cancelled the earlier order dated 05.01.2026, whereby the respondent no.7 was appointed as Gaon Pradhan of Charge No.12 Baghbar Mouza under Baghbar Revenue Circle and he has been discharged from all his duties with immediate effect. On the basis of this instruction, learned Additional Senior Government Advocate submits that the respondent no.7 has been relieved from the post and step has been taken to hand over the charge to some other authorities. Page No.# 5/5 6. Considering the submissions made and the communication dated 17.02.2026 placed before the Court, a copy of which is retain in the case record, it is seen that the grievance of the writ petitioner stood redressed by the order dated 16.02.2026 passed by the District Commissioner, Barapeta. The only other prayer in the writ petition is to handover the charge to the petitioner till the proper selection is made. This prayer cannot be accepted in view of the fact that the petitioner was not a selected candidate and the same is therefore stands rejected. As the other prayer in the writ petition have been redressed in view of the order dated 16.02.2026 passed by the District Commissioner, Barpeta, the writ petition stands closed and disposed of. 7. Interim order, if any, stands vacated. 8. Pending Interlocutory Application, if any, also stands closed. JUDGE Comparing Assistant