Gauhati High Court

WP(C)/5286/2025 of SUMOD PORBOSA Vs THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL AND ORS on 29 September 2026

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GAHC010197612025 2026:GAU-AS:14542 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5286/2025 SUMOD PORBOSA SON OF LATE RAMESWAR PORBOSA VILLAGE PRASADIMDIK DISTRICT DIMA HASAO ASSAM VERSUS THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL AND ORS

GAHC010197612025

2026:GAU-AS:14542

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5286/2025

SUMOD PORBOSA

SON OF LATE RAMESWAR PORBOSA VILLAGE PRASADIMDIK DISTRICT

DIMA HASAO ASSAM

VERSUS

THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL AND ORS

REPRESENTED BY ITS PRINCIPAL SECRETARY (N) HAFLONG DIMA

HASAO ASSAM

2:THE ADDITIONAL SECRETARY REVENUE

NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DIMA

HASAO ASSAM

3:JOYMONTO HOJAI

SON OF LATE NORGEN HOJAI VILLAGE PRASADIMDIK DISTRICT DIMA

HASAO ASSA

Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : SC, N C HILLS, MR V K BAROOAH(R3),MR. K K DEY(R3)

BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

Date : 30.09.2026 Heard Mr. J. Laskar, learned counsel for the petitioner. Also heard Ms. P. Chakrabarty, learned Standing counsel, NC Hills Autonomous Council and Mr. V.K. Barooah, learned counsel for the respondent No.3.

2. The petitioner, by filing the present writ petition, has challenged the order dated 14/08/2025 passed by the Additional Secretary, Revenue, N.C. Hills Autonomous Council, Haflong, whereby Shri Joymonto Hojai was allowed to continue as the Gaonburah of Prasadimdik village.

3. It is the case of the petitioner that he was appointed as the Gaonburah of Prasadimdik village on 04/07/2024. However, subsequently, on 16/07/2024, his appointment as Gaonburah was cancelled, against which he instituted a writ petition being WP(C) No. 5590/2024.

4. This Court, vide order dated 23/05/2025, disposed of the said writ petition by setting aside the order of cancellation dated 16/07/2024, with an observation that setting aside the order of cancellation dated 16/07/2024 would not be meant automatic reinstatement of the petitioner as Gaonburah. The respondent authority was, however, directed to afford the petitioner an opportunity of hearing and thereafter take a decision in accordance with law.

5. By the impugned order dated 14/08/2025, passed by the Additional Secretary, Revenue, N.C. Hills Autonomous Council, Haflong, the private respondent, namely, Shri Joymonto Hojai, was allowed to continue as the Gaonburah of the said village.

6. A perusal of the impugned order reflects that the parties were heard. However, since the parties were unwilling to negotiate, the private respondent was allowed to continue as the Gaonburah of the said village until further orders.

7. It has been brought on record that, by an order dated 15/09/2025, the Additional Secretary, Revenue, N.C. Hills Autonomous Council has cancelled the appointment order of the private respondent and directed him to refrain from functioning as Gaonburah. He was accordingly relieved of all duties and charges of the Gaonburah of Prasadimdik village.

8. Having regard to the fact that the impugned order dated 14/08/2025 has already been cancelled by the Additional Secretary, Revenue, N.C. Hills Autonomous Council, and the private respondent has been directed to refrain from functioning as Gaonburah and has been relieved of all duties and charges as Gaonburah of Prasadimdik village, I am of the considered view that no issue remains to be determined/adjudicated upon in the present proceedings. However, considering the submissions made by the learned counsel for the parties, it would be appropriate to direct the respondent authorities to fill up the post of Gaonburah of Prasadimdik village in accordance with law.

9. It is observed that, while filling up the post of the said Gaonburah, the parties shall be afforded an opportunity of hearing, as directed by this Court vide its order dated 23/05/2025 passed in WP(C) No. 5590/2024.

10. The writ petition stands disposed of accordingly. JUDGE Comparing Assistant

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