Atul Dutta vs The State Of Assam And 4 Ors
2021 Latest Caselaw 339 Gua

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GAHC010010882021




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

                            Case No. : WP(C)/440/2021

         ATUL DUTTA
         S/O LATE LOKENDRA NATH DUTTA,
         MOHBANDHA, PO PATRIA, JORHAT, PS PULIBOR, DIST JORHAT, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         DEPARTMENT OF REVENUE, ASSAM SECRETARIATE, DISPUR GUWAHATI
         781006

         2:COMMISSIONER

          UPPER ASSAM DIVISION

         JORHAT ASSAM
          785001

         3:DEPUTY COMMISSIONER (REVENUE)
          DISTRICT JORHAT
         ASSAM
          785001

         4:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE)
          DISTRICT JORHAT
         ASSAM 785001

         5:CIRCLE OFFICER

          WEST JORHAT REVENUE CIRCLE
          DIST JORHAT
          ASSAM 78500
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Advocate for the Petitioner     : MR. K BHATTACHARJEE

Advocate for the Respondent : SC, REVENUE




                                      BEFORE
                       HONOURABLE MR. JUSTICE MANOJIT BHUYAN

                                               ORDER

02.02.2021

Heard Mr. K. Bhattacharjee, learned counsel representing the petitioner as well as Mr. J. Handique, learned counsel representing respondent no.1. Mr. N. Goswami, learned counsel appears for the remaining respondent nos.2, 3, 4 and 5.

It is stated that by order of the Deputy Commissioner, Jorhat dated 15.06.2015 the petitioner was placed under suspension. At the relevant time, he served as the Government Gaonburah of Lat No.1, Khangia Mouza under West Jorhat. It is also stated that the petitioner was facing criminal trial in two cases i.e. (G.R. Case No.1713/2015, registered under section 420/34 IPC and G.R Case No.1611/2015, registered under section 420/468 IPC). It is stated that by judgment dated 16.03.2017 and 21.07.2018, the petitioner was acquitted of the charges and set at liberty. Grievance raised that despite acquittal in the criminal cases as well as favourable report from the Circle Officer, West Jorhat Revenue Circle for reinstatement, no steps have been taken by the authority concerned to put him back to service as Gaonburah.

Mr. Handique, on the other hand, submits that the petitioner has an efficacious and alternative remedy by way of filing appeal before the Commissioner, Upper Assam Division in terms of Executive Instruction 162C under the Assam Land & Revenue Regulations, 1886 .

Mr. Bhattacharjee submits that he may be allowed to file appeal and as and when the same is done the appeal be heard on its merits.

Having regard to the above, this writ petition stands disposed of by granting liberty to the petitioner to file appeal under Executive Instruction 162C under the Assam Land & Revenue Regulations before the Commissioner, Upper Assam Division. It is made clear that if such appeal is preferred within a period of 2 (two) weeks from today, such appeal shall stand for consideration on merits by the appellate authority. It is also made clear that grounds of delay be considered and Page No.# 3/3

condoned. Needless to say that the appeal shall be disposed of as expeditiously as possible, preferably within a period of 4 (four) weeks from the date of preferring the same.

Writ petition stands, accordingly, disposed of.

JUDGE

Comparing Assistant