Abhiram Das vs The State Of Assam And 6 Ors
2023 Latest Caselaw 3988 Gua

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GAHC010210852022




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

                          Case No. : WP(C)/6708/2022

         ABHIRAM DAS
         S/O- ANANDA MOHAN DAS ,
         R/O- KAWATIKA,
         P.O- KAWATIKA, P.S- BIJNI,
         DIST- CHIRANG, ASSAM, PIN-783390



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY,REVENUE AND
         DISASTER MANAGEMENT , DEPARTMENT, ASSAM, DISPUR, GUWAHATI-
         781006

         2:THE BODOLAND TERRITORIAL COUNCIL
          REP. BY THE PRINCIPAL SECY.
          KOKRAJHAR
          DIST- KOKRAJHAR
         ASSAM

         3:THE PRINCIPAL SECRETARY
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR

         4:THE DEPUTY SECRETARY
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR

         5:THE DIRECTOR OF LAND RECORDS AND SURVEYS
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR

         6:THE DEPUTY COMMISSIONER BONGAIGAON
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             BONGAIGAON
             ASSAM

            7:BIGRAI MUCHAHARY
             LAT MONDAL
             BARAMA REVENUE CIRCLE
             DIST- BASKA
            ASSAM
             PIN-78134

Advocate for the Petitioner   : MR. D CHOUDHURY

Advocate for the Respondent : SC, REVENUE




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

Date : 27.09.2023

Heard the learned counsel for the parties.

This writ petition has been filed by the petitioner challenging the

impugned order No. BTC/DLR 4/2008/Pt-1/203 dated 26th of September, 2022, whereby, the petitioner was transferred from Bijni Revenue Circle to Barama Revenue Circle.

The learned counsel for the petitioner submits that this issue has been settled by Co-ordinate Bench of this Court rendered in Kamini Kr. Brahma And Ors. Vs. State of Assam and Ors. reported in (2013) 5 Gauhati Law Reports 668. It is submitted that in terms of the judgment rendered by the co-ordinate bench, it was held that Mandals and Lat Mandals appointed in the districts are ordinarily not required to be transferred out except under some compelling circumstances by the Government. He further submits that in view of the Judgment of this Court, the impugned order may be interfered with and set Page No.# 3/4

aside and he may be permitted to continue to work under the Bijni Revenue Circle.

Ms. R.B.Borah, learned counsel appearing for BTC submits that the petitioner has been working in the Bijni Revenue Circle for 16 years and the distance between the Bijni and the Barama Revenue Circle is about 2(two) hours from his present place of residence and therefore, the ground on which he sought reversal of the transfer order which is to look after his old and aged parents, cannot be accepted.

Mr. J.Handique, learned counsel appears for the respondent No.1 submits that there is no bar for transfer of Mandals from one district to another. On the other hand, Mr. K.Khan, learned counsel appears for the respondent No.7 submits that the benefits claimed by the petitioner has been given up by the petitioner himself as his original place of posting at the time of his appointment was Tinsukia and from Tinsukia he sought transfer to Bongaigaon. Therefore, the contention of the petitioner that Lat Mandals cannot be transferred is not accepted.

The learned counsel for the parties have been heard and the Judgment placed in the Bar is carefully noted.

It is seen that the co-ordinate bench of this Court has held that ordinarily transfer of Lat Mandals from one district to another is not envisage as they are grassroot level revenue officers. Finding of the Co-ordinate Bench was in respect of a challenge made for recruitment of Lat Mandals by way of an advertisement, wherein, one of the issues raised was that Lat Mandals from other districts cannot be appointed as Lat Mandals in the concerned district(s). In that context, this Court had held that the inter-district transfer of Mandals may be considered Page No.# 4/4

only in exceptional cases.

The learned counsel for the respondents however submits that they may be permitted some time to take complete instructions.

Accordingly, list the matter on 13.10.2023, enabling the learned Govt. Advocate to obtain the required instruction in the matter.

Interim order passed earlier shall continue till the next returnable date.

JUDGE

Comparing Assistant