Page No.# 1/4 vs The State Of Assam And 4 Ors
2022 Latest Caselaw 3646 Gua

                                                              Page No.# 1/4

GAHC010123522022




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

                          Case No. : WP(C)/4173/2022

         BHADRA KANTA BORAH AND 7 ORS
         SON OF MAHENDRA BORA, RESIDENT OF PANBARI FOREST, VILLAGE-
         DIGBOI, P.O.- BHIMPATHAR, DISTRICT- TINSUKIA, ASSAM.

         2: SMT. SANGITA SONOWAL
         WIFE OF PAWAN SONOWAL
          RESIDENT OF VILLAGE BHIMPATHAR
          DIGBOI
          P.O.- BHIMPATHAR
          DISTRICT- TINSUKIA
         ASSAM.

         3: KOROBI SONOWAL
         WIFE OF LOKHESWAR SONOWAL
          RESIDENT OF VILLAGE KALGAON
          DHEKIAJAN
          P.O. DHEKIAJAN
          DISTRICT- TINSUKIA
         ASSAM.

         4: SMT. UMA SHARMA
         WIFE OF LATE PREM SHARMA
          RESIDENT OF VILLAGE GOLAI NO. 1
          P.O. GOLAI
          DISTRICT- TINSUKIA
         ASSAM.

         5: ROBERT SINGH
          SON OF SHYAM SINGH
          RESIDENT OF VILLAGE GOLAI NO. 1
          P.O. GOLAI
          DISTRICT- TINSUKIA
         ASSAM.
                                                     Page No.# 2/4

6: DAWA LAMA
 SON OF UMANG LAMA
 RESIDENT OF VILLAGE GOLAI NO. 3
 P.O. GOLAI
 DISTRICT- TINSUKIA
ASSAM.

7: SMT. SIMI DAS
WIFE OF PINTU DAS
 RESIDENT OF HAWKINS PARA
 STATION AREA
 DIGBOI
 P.O. DIGBOI
 DISTRICT- TINSUKIA
ASSAM.

8: SMT. MAMATA BEGUM
WIFE OF INAMUDDIN AHMED
 RESIDENT OF STATION AREA
 DIGBOI
 DISTRICT- TINSUKIA
ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI- 6, ASSAM.

2:THE DEPUTY COMMISSIONER
TINSUKIA
 DISTRICT- TINSUKIA
ASSAM.

3:THE BLOCK DEVELOPMENT OFFICER
 MARGHERITA DEVELOPMENT BLOCK CUM EXECUTIVE OFFICER
 MARGHERITA ANCHALIK PANCHAYAT
 MARGHERITA
 DISTRICT- TINSUKIA
ASSAM.

4:THE SECRETARY
 NO. 1 GOLAI GAON PANCHAYAT
 DIGBOI
 DISTRICT- TINSUKIA
ASSAM.
                                                                               Page No.# 3/4

            5:THE PRESIDENT
             NO. 1 GOLAI GAON PANCHAYAT
             DIGBOI
             DISTRICT- TINSUKIA
            ASSAM
             PIN- 786171

Advocate for the Petitioner   : MR. A K GUPTA

Advocate for the Respondent : SC, P AND R.D.




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                         ORDER

Date : 19-09-2022 Heard Mr. A.K. Gupta, learned counsel for the writ petitioners. Also heard Mr. S. Dutta, learned standing counsel, P&RD Department, Assam appearing for the official respondents.

It appears that in another writ petition bearing W.P.(C) No. 3240/2021 pertaining to the same controversy, an order of status quo was passed by the learned Single Judge and thereafter, the matter was finally heard and judgment reserved. According to the petitioner, due to the order of status quo passed in that proceeding, no further action is being taken by the authorities on the resolution adopted in the special meeting of the Gaon Panchayat expressing No-Confidence against the President. As such, a prayer has been made in this case for issuance of a direction.

However, since there is already an order of status quo passed by a coordinate bench, unless the said order is vacated, this Court cannot entertain the prayer made in this writ petition. Moreover, it is submitted at the bar that the other writ petition was heard on 02-02-2022 and since then, the judgment has been reserved.

Situated thus and on the request of learned counsel for both the sides, this matter is directed to be listed again after the Puja vacation so as to enable the petitioners' counsel to obtain updated instruction.

Page No.# 4/4

JUDGE GS

Comparing Assistant