KHAGEN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Mahanta, the learned counsel for the petitioner. Also heard Mr. B.J. Talukdar, the learned standing counsel for the Land Revenue Department (respondent No.1), Mr. D. Doley, the learned Govt. advocate appearing for respondent Nos. 2 and 3, and Mr. B. Rahman, the learned counsel for the private respondent No.4.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 15.10.2014, passed by the Commissioner, North Assam Division, Tezpur whereby the appointment of the petitioner as Gaonbura of Borghat Lot/ Kisamat under Khatowal Mouza in the District of Nagaon was set aside.

(3.) The case projected by the petitioner is that his father was the Gaonbura of Borghat Lot/ Kisamat for last 4 decades and that while holding the said post, he had died in harness on 03.04.2012. It is claimed that when his father was suffering from prolonged illness the petitioner had assisted his father to collect land revenue and to do other related works of a Mauzadar. The petitioner continued to perform the said works for some time even after the death of his father. After the death of his father, the petitioner had applied for being appointed as gaonbura. The Circle Officer concerned had forwarded the said application to the Additional Deputy Commissioner, Sadar Sub- Division, Nagaon together with a report dated 08.05.2012. However, on 30.10.2012, the authorities had issued a formal advertisement for selection and appointment of suitable candidate for the said post. However, till the last date prescribed, no application had been submitted. Accordingly, a fresh advertisement was issued on 15.03.2013. This time, 9 candidates including the petitioner were shortlisted and call letters dated 20.09.2013 was issued for interview slated on 24.09.2013 in the Office of the Addl. Deputy Commissioner (Gaonbura Branch), Nagaon. It is projected that the people of the locality had submitted representation dated 27.11.2013 before the Deputy Commissioner, Nagaon in support of the candidature of the petitioner. By order dated 30.11.2013, passed by the Addl. Deputy Commissioner, Nagaon, the petitioner was appointed on temporary basis as Gaonbura of Borghat Lot/ Kisamat on the vacancy arising due to the death of his father. The aggrieved respondent No.4 filed an appeal under Executive Instructions No. 162-C against the said order dated 30.11.2013 before the Commissioner, North Assam Division, Tezpur. The respondent No.4 as well as the petitioner had submitted their respective written statement in connection with the said appeal. The learned Commissioner, North Assam Division, Tezpur by order dated 15.10.2014, held that the appointment of the petitioner as Gaonbura was not sustainable and accordingly, the order dated 30.11.2013 was set aside and the appointing authority was directed to consider the case of the respondent No.4 for appointment as Gaonbura of the concerned village within 30 days.