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2026 DAILYLAW 8459 (GAU)

SADAY KR. DEKA v. THE STATE OF ASSAM AND 3 ORS

WP(C)/2270/2026 · 2026-06-16

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010081302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2270/2026 SADAY KR. DEKA S/O- SRI GOBINDA NATH DEKA, RESIDENT OF HOUSE NO. 23, BHASKARNAGAR, P.O. BAMUNIMAIDAM, DIST. KAMRUP METRO, ASSAM, PIN- 781021. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE (REGISTRATION) DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE INSPECTOR GENERAL OF REGISTRATION ASSAM RUPNAGAR GUWAHATI-781032. 3:THE ENQUIRY OFFICER OF THE INQUIRY COMMITTEE AND ASSTT. DIRECTOR OF LAND RECORDS ASSAM RUPNAGAR GUWAHATI-781032. 4:THE FINANCE DEPARTMENT GOVT. OF ASSAM REPRESENTED BY THE SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI-781006 Advocate for the Petitioner : MD R ISLAM, MR D N SARMA,S K DAS,N ALOM Advocate for the Respondent : SC, REVENUE, SC, FINANCE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.06. 2026 Heard Md. R. Islam learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue, Ms. A. Borthakur, learned Standing Counsel, Finance. 2. The petitioner is aggrieved by the order of dismissal from service in his capacity as an extra writer under the Office of the Senior Sub-Registrar, Kamrup (Metro). The said order of dismissal was issued by the Inspector General of Registration, Assam. Being aggrieved, the petitioner has preferred an appeal before the Commissioner and Secretary, Department of Revenue, Government of Assam on 06.02.2026. It is submitted that the said appeal is pending before the Appellate Authority. 3. On the last date, the learned Standing Counsel, Revenue was permitted to obtain instructions. Today, the learned Standing Counsel, Revenue submits that he has been instructed to seek further time as certain clarification sought for by the Department in respect of the appeal which is pending. It is submitted by the learned Standing Counsel, Revenue that the Office of the Commissioner and Secretary, Department of Revenue, Government of Assam has been abolished and therefore the appropriate Authority is Additional Chief Secretary, Department of Revenue, Government of Assam. Page No.# 3/3 4. Under such circumstances, although the Additional Chief Secretary, Department of Revenue, Government of Assam, is not specifically arrayed as a party respondent in the cause title. It is directed to call for the records, pertaining to the appeal filed by the petitioner on 06.02.2026 before the Commissioner and Secretary, Department of Revenue, Government of Assam and expeditiously consider the prayers made in the appeal and pass a speaking order. 5. Let this exercise be carried out within a period of 60 days from the date of receipt of certified copies of this order. 6. Needless to say, before the appeal is disposed of, the petitioner will be given an opportunity of being heard. 7. Accordingly, this writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant