Gauhati High Court
Page No.# 1/4 vs Page No.# 2/4 on 5 June, 2023
Page No.# 1/4
GAHC010091892022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3234/2022
LALITA DAS AND 3 ORS.
W/O- LATE TROILOKYA NAMASUDRA, R/O- VILL. AND P.O. TARANI, P.S.
RANGIA, DIST.- KAMRUP, ASSAM, PIN- 781354.
2: DILIP BAISHYA
S/O- LATE RAMESH BAISHYA
R/O- VILL.- GARPOT
P.O. BARANGHATI
P.S. KOYA
RANGIA SUBDIVISION
DIST.- KAMRUP
ASSAM
PIN- 781354.
3: PRABIN CH. MALI
S/O- LATE CHANDRA KANTA MALI
R/O- VILL.- ISCHADAGHARIA
P.O. KONIYA
P.S. RANGIA
DIST.- KAMRUP
ASSAM
PIN- 781380.
4: HARI GOPAL SARKAR
S/O- MAYARAM SARKAR
R/O- VILL.- PUBPARA
JATIABHANGRA
P.O. SUTARGAON
P.S. BAIHATA CHARIALI
DIST.- KAMRUP
ASSAM
PIN- 781381
VERSUS
Page No.# 2/4
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, WELFARE OF PLAIN TRIBES AND BACKWARD
CLASSES DEPARTMENT, ASSAM, PIN- 781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT
ASSAM
DISPUR
GUWAHATI-06.
3:THE DIRECTOR OF WELFARE OF PLAIN TRIBE AND BACKWARD
CLASSES DEPARTMENT
ASSAM
DISPUR
GUWAHATI-06.
4:THE DEPUTY COMMISSIONER
AMINGAON
KAMRUP
PIN- 781031.
5:THE SUB-DIVISIONAL OFFICER (C)
RANGIA SUB-DIVISION
KAMRUP-781354.
6:THE SUB-DIVISIONAL SC DEVELOPMENT BOARD
RANGIA
REPRESENTED BY ITS CHAIRMAN
RANGIA
KAMRUP(RURAL)
ASSAM
PIN- 781354.
7:THE DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM DISPUR GUWAHAT
Advocate for the Petitioner : MRS M D CHOWDHURY
Advocate for the Respondent : GA, ASSAM, MR R M DAS S.C SJ & ED
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
05-06-2023
Heard Ms. M. D. Chowdhury, learned counsel for the petitioners, who are four in
numbers and have put to challenge the constitution of the Sub-Divisional SC,
Development Board, Rangia vide an order dated 07.02.2022.
The learned counsel submits that the present guidelines were notified vide a
notification dated 06.09.2021 and there appears to be aberrations from the said
notification while constituting the Board. However, the prayer made in this writ petition
appears to be self- contradictory as on one hand, the petitioners have alleged that the
guidelines dated 06.09.2021 were not adhered to and in the later part of the prayer,
the guidelines have also been assailed by stating that the same are not complete.
That apart, Shri R. Dhar, the learned Standing Counsel of the WPT & BC Department
submits that while the notification dated 07.02.2022 has been put to challenge, the
persons who were the members of the Board have not been made party respondents
and on this issue itself, this writ petition is not maintainable. Shri Dhar, the learned
counsel further submits that this point was even raised earlier on 06.06.2022.
Replying to the said objection raised by the learned Departmental Counsel, the
learned counsel for the petitioners has relied upon a decision of the Hon'ble Division
Bench dated 09.03.2017 in a batch of writ appeals including WA No. 419/2016.
However, on perusal of the said judgment which has been annexed to the petition
itself would show that the subject matters were wholly different where dissolutions of
the Board was the subject matter of challenge and the matters were espoused by the
Board itself along with the Chairman and some other entities.
At this stage, Ms. Chowdhury, the learned counsel for the petitioners seeks time
to obtain instructions regarding the future course of action.
In the interest of justice, the matter stands adjourned to be listed after 2 (two)
Page No.# 4/4
weeks.
Ms. J. Gogoi, learned counsel appearing on behalf of Shri R. M. Das, learned
Standing Counsel, SJ & ED for the respondent no. 7.
JUDGE
Comparing Assistant
