DIPI GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The legality and validity of an order dtd. 15/6/2022 by which the Commissioner, Central Assam Division, Nagaon has granted approval to the appointment of the respondent no. 4 as the Mouzadar of Kampur Mouza in the district of Nagaon is the subject matter of challenge in the present writ petition. The challenge is based on the grounds that there has been violation of the principles for appointment envisaged in the Executive Instructions under the Assam Land and Revenue Regulations, 1886. Recourse to the Hindu Succession Act, 1956 has also been taken in support of the said challenge.

(2.) Before going to the issue, it would be convenient, if the basic facts of the case are narrated in brief.

(3.) The husband of the petitioner, Satyendra Goswami, was the Mouzadar of the Kampur Mouza in the district of Nagaon (hereinafter called the Mouza). It may be mentioned that the father of the husband of the petitioner was also the erstwhile Mouzadar and upon his death, the husband of the petitioner was appointed as Mouzadar in the year 1989. The respondent no. 4 is the nephew of the husband of the petitioner being his brother's son.