ABDUL BATIN Vs. GARO HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) This intra court appeal is directed against the order dated 07.06.2017 as passed by a learned Single Judge of this Court in WP (C) No.395 of 2016.

(2.) The respondent No.3 preferred the writ petition aforesaid while stating the grievance against the orders passed by the respondent No.1 Garo Hills Autonomous District Council ["GHADC"] removing him from the office of Gaonbura of Nanirchar and Beparipara village and appointing the present appellant in his place. The writ petitioner (respondent No.3 herein) alleged that the action of the respondents was in absolute violation and disregard of the rules/procedures governing the succession and appointment of Gaonbura. In the said writ petition, the GHADC and its Executive Member, I/C Land Revenue, arrayed as respondents No.1 and 2, were duly represented by the counsel and hence, process was ordered to be issued in relation to the unrepresented respondent in the petition i.e., the present appellant.

(3.) The record shows that in the first place, notice for the present appellant was sent in the writ petition on 07.03.2017 from Shillong under postal receipt No.D RE469428024IN. However, the said postal article was not served and there was no report of service. Then, by the order dated 05.05.2017, the learned Single Judge permitted fresh steps for service on the present appellant.