Jatindra Nath Saikia v. The State of Assam and 3 Ors

ORDER 31-08-2024 Heard Shri B. Sinha, learned counsel for the petitioner. The petitioner claims to be appointed as a Mandal on 26.02.2006. However, pursuant to a disciplinary proceeding, he was dismissed from service on

21.07.2020. The petitioner claims to have submitted an appeal on 12.11.2020 before the Commissioner, North Assam Division, Tezpur. However, the said Office has been abolished and therefore the instant application has been filed. Shri Sinha, the learned counsel submits that the petitioner cannot be left remediless and therefore the writ petition is liable to be entertained. Per contra, Shri S. Dutta, learned Standing Counsel, Revenue Department has submitted that there is a change in the Appellate Authority and presently the Director of Land Records is the Appellate Authority. He submits that the provision of appeal would be an efficacious and effective grievance redressal mechanism. In view of the above, the instant writ petition is disposed of by directing the petitioner to prefer an appeal, if so advised before the Appellate Authority namely, the Director of Land Records. It is however made clear that since the earlier appeal was filed in the year 2020, the issue of limitation should not be adhered to and the appeal be decided on merits. Writ petition accordingly stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010175552024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4383/2024o JATINDRAoNATHoSAIKIAo S/O-oLATEoGHANAoKANTAoSAIKIA,oRESIDENToOFoKANAIoBORAoCHUBURI,o P.O.oBESSERIA,oDISTRICT-oSONITPUR,oASSAM,oPIN-o784150 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oRUPNAGAR,oGUWAHATI-o32 2:THEoDIRECTORoOFoLANDoRECORDSoANDoSURVEYS oASSAM oRUPNAGAR oGUWAHATI-32 3:THEoDEPUTY/DISTRICToCOMMISSIONER oSONITPURoDISTRICT oTEZPUR oASSAM 4:THEoENQUIRYoOFFICER oDPoCASEoNO.o1/2017oOFoOFFICEoOFoTHEoDEPUTYoCOMMISSIONER oSONITPUR oTEZPUo AdvocateoforotheoPetitionerooooo:oMRoBoSINHA,oMoSHARMA,MR.oSoUPADHAYo AdvocateoforotheoRespondento:oGA,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI