Banalata Das vs The State Of Assam And 4 Ors on 22 December, 2021

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Gauhati High Court

Banalata Das vs The State Of Assam And 4 Ors on 22 December, 2021

Bench: Sanjay Kumar Medhi

                                                                       Page No.# 1/2

GAHC010217932021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/7147/2021

         BANALATA DAS
         W/O- LATE PRADIP DAS, R/O- VILL- KAMARKUCHI, MEDHIKUCHI,
         MOUZA- PANBARI, P.O.- TEPESIA, P.S.- SONAPUR, PIN- 782402, DIST.-
         KAMRUP(M), ASSAM

         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM, DISPUR, GUWAHATI-781006

         2:THE COMMISSIONER AND SECRETARY TO THE GOVERNEMENT OF
         ASSAM
          REVENUE AND DISASTER MANAGEMENT DEPARTMENT
          DISPUR
          GUWAHATI-781006

         3:THE DEPUTY COMMISSIONER
          KAMRUP(METRO)
          KAMRUP(METRO)
         ASSAM
          PIN-781001

         4:THE CIRCLE OFFICER
          SONAPUR REVENUE CIRCLE
         ASSAM
          PIN-782402

         5:SRI ASHOK TUMUNG
          S/O- DEBARAM TUMUNG
          R/O OF VILL.- KAMARKUCHI
          MOUZA- PANBARI
          P.O.- TEPESIA
          P.S.- SONAPUR
                                                                                   Page No.# 2/2

             DIST.- KAMRUP(M)
             ASSA

Advocate for the Petitioner   : MR. N ANAND

Advocate for the Respondent : SC, REVENUE


                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

22-12-2021 The petitioner in the instant case had challenged the action of the respondent authorities in denying proper consideration on the candidature of the petitioner for appointment of Gaonburah for Laat No. 3, Kamarkuchi under Sonapur Revenue Circle.

It is the case of the petitioner that being the wife of the earlier Gaonburah who has passed away, under the Executive Instructions holding the field, preference needs to be given which has not been done.

At this stage, Shri J. Handique, learned Standing Counsel, Revenue Department submits that in the Executive Instructions, Instructions No. 162-C has been inserted which provides for an appeal to be preferred within 60 days.

Shri Anand, learned counsel for the petitioner submits that in view of such provision, he would like to withdraw this writ petition with a leave to prefer an appeal under the aforesaid Executive Instructions. He however, prays for a liberty to approach this Court again if his grievances are not redressed in the appeal which he would be preferring.

The writ petition accordingly stands closed on withdrawal with liberty as prayed for.

JUDGE Comparing Assistant

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