LAWS(GAU)-2007-11-38

KULADHAR CHAKRABORTY Vs. ABDUL KHANDAKAR

Decided On November 12, 2007
Kuladhar Chakraborty Appellant
V/S
Abdul Khandakar Respondents

JUDGEMENT

(1.) WRIT Appeal Nos. 184 of 2006, 194 of 2006 and 248 of 2006 being analogous and are against the judgment and order dated 12.4.2006 passed by the learned Single Judge in W.P. (C) No. 6045/2005, are taken up together and disposed of by this common judgment and order.

(2.) HEARD Mr. A.S. Choudhury, learned senior counsel and Mr. B.D. Konwar, learned Counsel on behalf of the appellants. Also heard Mr. K.N. Choudhury, learned Additional Advocate General, Assam and Mr. H.R.A. Choudhury, learned senior counsel appearing on behalf of the private respondents.

(3.) PROVISIONS of law prescribed for nomination, appointment and dismissal of Gaonburas finds place in the Executive Instructions No. 162 and 162 (A) of the Assam Land and Revenue Regulations, 1886, for short 'the Regulation', and these two Executive Instructions hold the field for nomination, appointment and dismissal of Gaonburas in various Revenue Circles of the Districts of Assam. To enable us to appreciate the issue in question, Executive Instruction Nos. 162 and 162 (A) are quoted as follows: