Gauhati High Court
Fakar Uddin Laskar vs The State Of Assam And 4 Ors on 9 May, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/3
GAHC010036772018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1127/2018
1:FAKAR UDDIN LASKAR
S/O- LATE TAYUB ALI LASKAR, VILL- CHANDPUR, P.O- CHANDPUR-
788151, DIST- HAILAKANDI, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, REVENUE
DEPTT., DISPUR, GUWAHATI- 781006
2:THE DEPUTY COMMISSIONER
HAILAKANDI DIST
P.O- HAILAKANDI-788152
DIST- HAILAKANDI
ASSAM
3:THE DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE DESIGNATE
SPECIAL TRIBUNAL
HAILAKANDI DIST
P.O- HAILAKANDI- 788152
DIST- HAILAKANDI
ASSAM
4:THE SERISPORE TEA ESTATE
REP. BY ESTATE
MANAGER SERISPORE TEA ESTATE
P.O- HAILAKANDI- 788151
DIST- HAILAKANDI
ASSAM
5:THE ESTATE MANAGER
SERISPORE TEA ESTATE
P.O- HAILAKANDI-788151
DIST- HAILAKANDI, ASSAM
Page No.# 2/3
Advocate for the Petitioner : MR. N DHAR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 09-05-2019 Heard Mr T U Laskar, learned counsel for the petitioner and Mr R Borpujari, learned Standing Counsel, Revenue Department.
Perused the orders dated 14.02.2019 and 19.03.2019.
Mr Borpujari submits that pursuant to letter dated 18.03.2019 of the Revenue and Disaster Management Department, Government of Assam, Registrar General, Gauhati High Court forwarded a panel of names of retired Judges of this Court to the Government for appointment as Chairman of the Special Court constituted under Section 14 of the Assam Land Grabbing (Prohibition) Act, 2010. Upon receipt of the panel, Revenue and Disaster Management Department, Government of Assam contacted some of the retired Judges. However, the Hon'ble Judges as suggested in the panel informed that they are engaged in other assignments and expressed their unwillingness. For such reason, Revenue and Disaster Management Department is not in a position to appoint the Chairman of the Special Court. Thereafter, Additional Secretary to the Government of Assam, Revenue and Disaster Management Department has written to the Registrar General of the Gauhati High Court on 06.05.2019, requesting submission of a fresh panel of names of eligible retired High Court Judges willing to accept the assignment of Chairman, Special Court, constituted under Section 14 of the Assam Land Grabbing (Prohibition) Act, 2010.
Mr Borpujari therefore submits that the matter is now before the Registrar General of this Court.
In the course of deliberation, a view has emerged that the authority can consider nominating and appointing retired High Court Judges from other States, preferably from neighbouring States, if retired High Court Judges of this Court are unwilling to accept the offer because of their present assignments.
A perusal of Section 14 of Assam Land Grabbing (Prohibition) Act, 2010, more particularly Sub-
Page No.# 3/3 Section (3) thereof would go to show that the Chairman shall be a person, who was or has been a Judge of the High Court. For appointment of the Chairman, prior consultation with the Chief Justice of the Gauhati High Court is necessary. Interestingly, in the definition section, i.e., Section 2, High Court is not defined. Therefore, a view can be taken that for the purpose of appointment of Chairman of the Special Court constituted under Section 14 (3) of the Assam Land Grabbing (Prohibition) Act, 2010, the nominee can be a retired Judge of any High Court and not necessarily a retired Judge of the Gauhati High Court.
A copy of this order may be brought to the notice of the Registrar General, Gauhati High Court.
List after 6 (six) weeks on 27.06.2019.
Interim order shall continue till final disposal of the writ petition.
JUDGE Comparing Assistant