NIPUL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I.H. Saikia, the learned counsel appearing on behalf of the Petitioner. Mr.S. Dutta, the learned counsel appears on behalf of the Respondent Nos. 1 and 2 and Mr. S.S. Roy, the learned counsel appears for the Respondent Nos. 3, 4 and 5.

(2.) The Petitioner being aggrieved by the selection of the respondent No. 6 as the Gaonburah of 10 Mandia under Baghbar Revenue Circle has approached this Court by filing a writ petition i.e. W.P.(C) No. 244/2023. This Court vide an order dtd. 18/1/2023 issued notice and granted liberty to the petitioner to challenge the selection of the respondent No. 6 herein before the appropriate forum. Pursuant thereto the petitioner had filed an Appeal bearing Appeal No. RR- 10/23 before the Commissioner Lower Assam Division i.e. the respondent No. 3 herein. It has been submitted by the learned counsel for the petitioner that the said appeal was filed on 20/01/2023 but the respondent No. 3 have not taken up the matter. Be that as it may, on 20/2/2023 the respondent No. 5 had issued an order whereby the In-charge, New Gaon Pradhan under the jurisdiction of Baghbor Revenue Circle including 10 Mandia wherein the petitioner is the In- charge Gaonburah was released on 18/2/2023 from their respective charges. It has been stated by the petitioner that the said order of 20/2/2023 have however not been formally served upon the petitioner, but he had come to get a copy from reliable sources.

(3.) Taking into account that there is already an appeal pending before the respondent No. 3, wherein there is already a challenge to the selection of the respondent No. 6 as the Goanburah of 10 Mandia under Baghbor Revenue Circle, this Court deems it proper that interest of justice would be met, if liberty is given to the petitioner to file an application for stay of the communication dtd. 20/2/2023 before the respondent No. 3 in the said pending appeal.