POHAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M.B.U. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. H.K. Barman, learned Govt. Advocate who represents the respondents No. 1, 2 and 3. None appears for the private respondent No. 4, although service on the said respondent is complete.

(2.) THE petitioner herein challenges the appointment of respondent No. 4 as the Gaonbura of Village Hamlakur under Pub-Barkhetri Mouza of Nalbari District. THE petitioner contends that being the son of the deceased Gaonbura Manhur Ali, he has preferential right to get appointment to the post of Gaonbura.

(3.) IN support of his claim for being appointed as Gaonbura, the learned counsel for the petitioner has referred to the provisions of Clause 162 of the Executive INstructions, issued under Chapter-VIII of the Assam Land and Revenue Regulation, which provides that while considering appointment for the post of Gaonbura, the appointing authority shall take into consideration (a) the claims of the family of the late Gaonbura, (b) the wishes of the villagers and (c) the views of the Mauzadar, and thereafter appointment be made to the person who is considered the most suitable, for the post.