Page No.# 1/5 vs The State Of Assam And 4 Ors
2026 Latest Caselaw 302 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And 4 Ors on 21 January, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                              Page No.# 1/5

GAHC010184472025




                                                        2026:GAU-AS:726

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

                           Case No. : WP(C)/4770/2025

         HATEM ALI
         S/O A BDULMAJID
         VILL- ROWMARI
         P.O. ROWMARI BILL,
         P.S. DHING
         MOUZA- BATADRAZA
         DIST. NAGAON, ASSAM-782123



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, REVENUE AND DM (LR) DEPARTMENT, DISPUR, GUWAHATI-
         781006.

         2:THE DISTRICT COMMISSIONER

          NAGAON
          P.O. AND DIST. NAGAON
          ASSAM
          PIN-782001.

         3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE)

          NAGAON
          ASSAM- 782001.

         4:THE CIRCLE OFFICER

          DHING REVENUE CIRCLE

         NAGAON
                                                           Page No.# 2/5

        BOKO

        DIST. KAMRUP
        PIN-781136.

        5:MD. BILLAL HUSSAIN
         S/O GIAS UDDIN AHMED
        VILL- ROWMARI
        P.O. ROWMARI BILL
         P.S. DHING
        DIST. NAGAON
        ASSAM
         PIN-782123

                                BEFORE
        HONOURABLE MR. JUSTICE DEVASHIS BARUAH

For the petitioner (s)   : Ms. S. Jain, Advocate

For the respondent (s) : Mr. S. Dutta, SC, Revenue
                         Ms. U. Sharma, Govt. Advocate

Date on which judgment is reserved      : NA

Date of pronouncement of judgment        : 21.01.2026

Whether the pronouncement is of the
Operative part of the judgment?          : NA

Whether the full judgment has been
Pronounced?                               : Yes


                    JUDGMENT AND ORDER (ORAL)

Heard Ms. S. Jain, the learned counsel appearing on behalf of the petitioner. Mr. S. Dutta, the learned counsel appears on behalf of the Revenue Department and Ms. U. Sarmah, the Page No.# 3/5

learned counsel appears on behalf of the respondent Nos.2 to 4.

2. The petitioner herein has assailed the selection of the respondent No.5 as the Gaon Pradhan of Rowmari village under Batadrava Mouza of Dhing Revenue Circle in the district of Nagaon, Assam.

3. It is relevant to take note of that pursuant to the filing of the instant writ petition, the petitioner filed an application seeking amendment of the writ petition thereby to challenge the impugned order dated 01.08.2025 passed by the Director of Land Records and Surveys, Assam and also for stay of the said order.

4. This Court vide an order dated 05.01.2026 allowed the amendment and directed the petitioner to file the amended writ petition within seven days. It was submitted that there was no amended writ petition filed within the time so permitted vide the order dated 05.01.2026. Under such circumstances, the amended writ petition cannot be accepted.

5. The challenge to the selection of the respondent No.5 as the Gaon Pradhan is primarily on three grounds. First, that the petitioner was not accorded marks as per Clause 6 of the advertisement dated 05.09.2022. Secondly, the respondent No.5 was a government employee working as an Assistant Teacher at Page No.# 4/5

Rowmari Md. Ali High School, and the third is that the respondent No.5 is a member of a political party, i.e. Bharatiya Janata Party (BJP).

6. This Court has duly taken note of the order dated 01.08.2025 passed by the Director of Land Records and Surveys, Assam wherein these three contentions were duly dealt with. A perusal of the said order dated 01.08.2025 reveals that the petitioner was granted 10 marks out of 10 marks on the aspect pertaining to family preference, whereas the respondent No.5 was not granted any marks. On the second question, it is a finding of fact arrived at on the basis of a report dated 18.02.2025 from the Headmaster of Rowmari M.A. High School forwarded by the Inspector of Schools, N.D.C. Nagaon on 24.02.2025, that the respondent No.5 resigned from his teaching position on 08.02.2022 prior to the advertisement. Under such circumstances, the question of the respondent No.5 being a government employee does not arise. The third ground so taken was that the respondent No.5 was a member of a political party, i.e. BJP. A perusal of the order dated 01.08.2025 further reveals that the respondent No.5 had resigned from the primary membership of the BJP on 15.12.2018 and this very aspect was substantiated by a clarification letter dated 05.08.2023 from one Bipin Bora, President, BJP, Batadrava Mandal confirming that the Page No.# 5/5

respondent No.4 ceased to be a member w.e.f. 15.12.2018.

7. Under such circumstances, this Court, therefore, does not find any perversity in the said fact-finding order dated 01.08.2025 to entertain the instant writ petition. Accordingly, the writ petition stands dismissed.

JUDGE

Comparing Assistant