Shaha Alom Khan, v. Mustafizur Rahman and 4 Ors

ORDER 19-08-2024 Heard Shri A. M. Ahmed, learned counsel for the applicant, who has been arrayed as the respondent no. 5 in the connected WP(C)/5618/2023. The aforesaid writ petition has been filed in connection with the disqualification of the writ petitioner in terms of a Gazette Notification dated

26.08.2021 and a corrigendum dated 27.10.2022 regarding the eligibility age. The writ petitioner as well as the applicant were aspirants to the post of Gaon Pradhan in respect of Charge No. 25, village Hatijana in the district of Barpeta. Shri Ahmed, the learned counsel for the applicant submits that he is the selected candidate so far as the present Charge No. 25 is concerned and in this regard, he has referred to a notification dated 03.01.2023 in which his name is reflected against Sl. No. 43. Shri Sikdar, the learned counsel for the opposite party/writ petitioner has however submitted that if any directions for appointment is given, the writ petition would become infructuous. Also heard Shri J. K. Goswami, learned State Counsel as well as Shri S. Page No.# 3/3 Dutta, learned Standing Counsel for the Department. After considering the rival submissions, the balance of equities would be served by giving the following directions. In terms of the selection of the respondent no. 5-applicant, the authorities would be at liberty to offer him the appointment. However, such appointment would be subject to the outcome of the writ petition. IA stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010260062023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3554/2023 oooooooooooooooooooInoWP(C)oNo.5618/2023o SHAHAoALOMoKHAN,o S/O-oRAMJANoKHAN,o R/O-oVILL-oHATIJAN,o P.O.-oJOSHIHATI,o DIST-oBARPETA,oASSAM,oPIN-o781313. VERSUSo MUSTAFIZURoRAHMANoANDo4oORS.o S/O-oKHALILURoRAHMAN,oR/O-oVILL-oHATIJANA,oMOUZA-oGHILAJARI,o P.O.-oJOSHIHATI,oP.S.-oHOWLY,oDISTRICT-oBARPETA,oASSAM. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoDEPUTYoCOMMISSIONER oBARPETA oP.O.oANDoDIST.-oBARPETA oASSAM oPIN-o781301. 4:THEoADDL.oDEPUTYoCOMMISSIONER oBARPETA oP.O.oANDoDIST.-oBARPETA oASSAM Page No.# 2/3 PIN- 781301. 5:THE CIRCLE OFFICER BARPETA P.O. AND DIST- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR. A M AHMED, ,,MS. P GHOSH Advocate for the Respondent : GA, ASSAM, MR. A R SIKDAR,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI