PRABHAT DOLEY v. THE STATE OF ASSAM and 6 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE KALYAN RAI SURANA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-08. PRABHAT DOLEY v. THE STATE OF ASSAM and 6 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010232892016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4456/2016 PRABHAT DOLEY S/O. LT. KABIR DOLEY, R/O. DERGAON KUMAR GAON, NEAR DON BOSCO, P. O. and P. S. DERGAON, DIST. GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM and 6 ORS. REP. BY THE COMM. and SPL. SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT. , DISPUR, GHY. -06. 2:THE COMMISSIONER PANCHAYAT and RURAL DEV. DEPTT. ASSAM PANJABARI JURIPAR GHY. -37. 3:THE PROJECT DIRECTOR DIST. RURAL DEV. AGENCY DRDA GOLAGHAT P. O. and DIST. GOLAGHAT ASSAM. 4:THE CHIEF EXECUTIVE OFFICER GOLAGHAT ZILLA PARISHAD P. O. and DIST. GOLAGHAT ASSAM. 5:THE BLOCK DEVELOPMENT OFFICER Page No. # 2/3 GOLAGHAT WEST DEVELOPMENT BLOCK P. O. BOKAKHAT DIST. GOLAGHAT ASSAM. 6:THE CIRCLE OFFICER and CIECLE RETISTRAR CITIZEN REGISTRATION CRCR DIST. GOLAGHAT ASSAM.
7:SRI GOLAP BORA GAON PANCHAYAT SECRETARY UTTAR MAHURA GAON PANCHAYAT GOLAGHAT ASSAM Advocate for the Petitioner : MR. L MOHAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA 08. 12. 2020 Heard Mr. L. Mohan, learned counsel for the petitioner and Mr. A. Roy, learned Standing Counsel for the P&RD Department. By this writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the impugned transfer order No. GZPE. 40/2012-13/PT-IV/1673 passed by the Chief Executive Officer, Golaghat Zila Parishad, Golaghat (respondent No. 4), thereby transferring the petitioner from Dusutimukh Gaon Panchayat to Uttar Mohura Gaon Panchayat. The transfer order has been assailed, amongst others, on the ground that the petitioner was put to NRC duty and therefore, he was not liable to transferred without the concurrence of the NRC authorities. Page No.
# 3/3 It appears that by the passage of time, the NRC duty to which the petitioner was appointed is already over and that the normal tenure of posting is also over. Accordingly, the Court is of the considered opinion that the matter has become infructuous for lapse of time. Accordingly, this writ petition stands disposed having been rendered infructuous and the interim order dated passed on 29. 07. 2016 stands vacated. JUDGE Comparing Assistant
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