Partha Pratim Saikia vs The State Of Assam And 7 Ors
2024 Latest Caselaw 3225 Gua

Gauhati High Court

Partha Pratim Saikia vs The State Of Assam And 7 Ors on 13 May, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                            Page No.# 1/14

GAHC010155842023




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

                          Case No. : WP(C)/4061/2023

         PARTHA PRATIM SAIKIA
         S/O- SRI SARAT CHANDRA SAIKIA,
         VILL. NIZ GERUA, P.O.- GERUA GAON,
         P.S.- BHURAGAON, DIST.- MORIGAON,
         ASSAM, PIN- 782121.



         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM,
         PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
         GUWAHATI-6.

         2:THE COMMISSIONER
          PANCHAYAT AND RURAL DEVELOPMENT
          JURIPAR
          SIXMILE
          GUWAHATI-22.

         3:THE DIRECTOR
         THE STATE INSTITUTE OF PANCHAYAT AND RURAL DEVELOPMENT
          G.S. ROAD
          KHANAPARA
          GUWAHATI-22.

         4:THE PROJECT DIRECTOR
          DRDA
          MORIGAON
         ASSAM
          PIN- 788004.
                                                 Page No.# 2/14

            5:THE DEPUTY COMMISSIONER
             MORIGAON
            ASSAM.

            6:THE CHIEF EXECUTIVE OFFICER
             MORIGAON ZILLA PARISHAD
             MORIGAON.

            7:THE BLOCK DEVELOPMENT OFFICER
             LAHARIGHAT DEVELOPMENT BLOCK
             DIST.- MORIGAON
            ASSAM.

            8:THE TULSHIBORI GAON PANCHAYAT
             REPRESENTED BY ITS SECRETARY

            VILLAGE- TULSHIBARI
            P.O.- TENGAGURI

            DISTRICT- MORIGAON
            ASSAM- 782127

Advocate for the Petitioner   : MR M J QUADIR

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




             Linked Case : WP(C)/4221/2023

            MD. NEYAMAT ALI
            S/O- LATE ABDUL RAHIM

            VILL- TENGAGURI
            KACHARIGAON

            P.O- TENGAGURI

            P.S- LAHORIGHAT
             DIST- MORIGAON
            ASSAM
             PIN-782121


             VERSUS
                                                          Page No.# 3/14


THE STATE OF ASSAM AND 6 ORS
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI- 781006.

2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

JURIPAR
 SIXMILE
 GUWAHATI- 781022
 3:THE PROJECT DIRECTOR
DRDA
 MORIGAON
 ASSAM

4:THE DEPUTY COMMISSIONER
MORIGAON
ASSAM
5:THE CHIEF EXECUTIVE OFFICER

MORIGAON ZILA PARISHAD
MORIGAON
ASSAM
6:THE BLOCK DEVELOPMENT OFFICER
LAHORIGHAT DEVELOPMENT BLOCK
DIST- MORIGAON
ASSAM
7:THE TULSHIBORI GAON PANCHAYAT
REP. BY ITS SECRETARY

VILLAGE TULSHIBORI

P.O- TENGAGURI
 DIST- MORIGAON
ASSAM
 PIN-782127
 ------------
Advocate for : MR M J QUADIR
Advocate for : SC
 P AND R.D. appearing for THE STATE OF ASSAM AND 6 ORS



Linked Case : WP(C)/4267/2023
                                                    Page No.# 4/14

MUSTAFIZUR RAHMAN
S/O- LATE HUSSAIN ALI

VILL- KUPATIMARI

P.O.- BHURAGAON

P.S.- BHURAGAON

DIST.- MORIGAON
ASSAM
PIN- 782121.


VERSUS

THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

DISPUR
GUWAHATI-6.

2:THE COMMISSIONER
 PANCHAYAT AND RURAL DEVELOPMENT
JURIPAR
 SIXMILE
 GUWAHATI-22.
 3:THE PROJECT DIRECTOR
 DRDA
 MORIGAON
ASSAM- 788004.
 4:THE DEPUTY COMMISSIONER
 MORIGAON
ASSAM .
 5:THE CHIEF EXECUTIVE OFFICER
 MORIGAON ZILLA PARISHAD
MORIGAON.
 6:THE BLOCK DEVELOPMENT OFFICER
 LAHARIGHAT DEVELOPMENT BLOCK
DIST.- MORIGAON
 ASSAM.
 7:THE SECRETARY
 TULSHIBORI GAON PANCHAYAT
VILLAGE- TULSHIBORI
                                                          Page No.# 5/14

P.O.- TULSHIBORI

DISTRICT- MORIGAON
ASSAM.
------------
Advocate for : MR M J QUADIR
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 6 ORS.



Linked Case : WP(C)/4277/2023

SAIFUL ISLAM
S/O- HORMUJ ALI
VILL.- ADITPUR
P.O. GUNIALGURI
DIST. BARPETA
ASSAM
PIN- 781319.


VERSUS

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

2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT
JURIPAR
 SIXMILE
 GUWAHATI.
 3:THE PROJECT DIRECTOR

DRDA
MORIGAON
ASSAM-788004.
4:THE DEPUTY COMMISSIONER
MORIGAON
ASSAM
5:THE CHIEF EXECUTIVE OFFICER

MORIGAON ZILLA PARISHAD
MORIGAON.
6:THE BLOCK DEVELOPMENT OFFICER
                                                     Page No.# 6/14

LAHARIGHAT
DEVELOPMENT BLOCK
DIST. MORIGAON
ASSAM
7:THE SECRETARY

TULSHIBORI GAON PANCHAYAT
VILL.- TULSHIBORI
P.O. TENGAGURI
DIST. MORIGAON
ASSAM-782127.
------------
Advocate for : MR M J QUADIR
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 6 ORS



Linked Case : WP(C)/4761/2023

SHAILENDRA KUMAR DAS
S/O- JADU MOHAN DAS

R/O- VILL. NIZ LEVERPUTA PART-II

P.O.- SADIRKHAL
 P.S. KATIGORAH

DISTRICT- CACHAR
ASSAM.


VERSUS

THE STATE OF ASSAM 6 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

PANJABARI
 GUWAHATI- 37.

2:THE COMMISSIONER
 PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
 GUWAHATI- 37.
 3:THE DEPUTY COMMISSIONER
 CACHAR CUM DISTRICT PROGRAMME CO-ORDINATOR (MGNREGA)
                                                     Page No.# 7/14

CACHAR
ASSAM.
4:THE ADDITIONAL DEPUTY COMMISSIONER
CACHAR.
5:THE CHIEF EXECUTIVE OFFICER

CACHAR ZILLA PARISHAD.
6:THE BLOCK DEVELOPMENT OFFICER
KATIGORAH DEVELOPMENT BLOCK
DIST- CACHAR
ASSAM.
7:THE PROJECT DIRECTOR
DISTRICT RURAL DEVELOPMENT AGENCY
CACHAR.
------------
Advocate for : MR. K MIRA
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM 6 ORS



Linked Case : WP(C)/4776/2023

RAKIBUL KHAN
SON OF MUSHARAF HUSSAIN KHAN

RESIDENT OF NAGBANDHA
LAHARIGHAT

DISTRICT- MORIGAON
ASSAM

PIN- 782106.


VERSUS

THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

DISPUR
GUWAHATI- 781006.

2:THE COMMISSIONER TO THE GOVERNMENT OF ASSAM
 PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
                                                         Page No.# 8/14

PANJABARI
 JURIPAR
 GUWAHATI- 37

ASSAM.
3:THE DIRECTOR
STATE INSTITUTE OF RURAL DEVELOPMENT
G.S. ROAD
KHANAPARA

GUWAHATI- 781022.
4:THE CHIEF EXECUTIVE OFFICER
MORIGAON ZILLA PARISHAD
MORIGAON
ASSAM.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 3 ORS



Linked Case : WP(C)/6627/2023

MRINAL KANTI SARKAR
S/O LATE BIMAL CHANDRA SARKAR
R/O VILL-GAURIPUR
WARD NO. 1
P.S.-GAURIPUR
DIST-DHUBRI


VERSUS

THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT
DISPUR
GUWAHATI-781006

2:THE COMMISSIONER TO THE GOVERNMENT OF ASSAM
 PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
 GUWAHATI-781037
 3:THE CHIEF EXECUTIVE OFFICER
 DHUBRI ZILLA PARISHAD
DHUBRI
                                                         Page No.# 9/14

------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 2 ORS



Linked Case : WP(C)/106/2024

PRABHAT KUMAR KALITA
S/O- LATE DHIRESWAR KALITA

R/O- VILLAGE SAMAGURI

P.O AND P.S- SAMAGURI
 DIST- NAGAON
ASSAM


VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

ASSAM
DISPUR
GUWAHATI- 781006.

2:THE COMMISSIONER
TO THE GOVT. OF ASSAM
 COMMISSIONERATE OF PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
 PANJABARI
 GUWAHATI- 781037
 3:THR PROJECT DIRECTOR
O/O THE PROJECT DIRECTOR

DISTRICT RURAL DEVELOPMENT AGENCY
NAGAON
ASSAM
4:THE BLOCK DEVELOPMENT OFFICER
O/O THE LUMDING DEVELOPMENT BLOCK
BAMUNGAON
HOJAI
PIN-782435
5:SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION
                                                          Page No.# 10/14

ASSAM
CUM OFFICER IN CHARGE
ANTI CORRUPTION BRANCH POLICE STATION
SRIMANTAPUR
GUWAHATI-32
------------
Advocate for : MR. T J MAHANTA
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 4 ORS



Linked Case : WP(C)/666/2024

SURAJ BORA
SON OF SRI NABIN CHANDRA BORA
RESIDENT OF VILLAGE- NAGAYANPAM
P.S. JAMUNAMUKH
NAGAON
ASSAM
PIN- 782428


VERSUS

THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
PANJABARI
GUWAHATI- 781037

2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
 PANJABARI
 GUWAHATI- 781037
 3:THE BLOCK DEVELOPMENT OFFICER
LUMDING DEVELOPMENT BLOCK
 LUMDING
 HOJAI
ASSAM
 ------------
Advocate for : MR A DAS
Advocate for : SC
 P AND R.D. appearing for THE STATE OF ASSAM AND 2 ORS
                                                   Page No.# 11/14

Linked Case : WP(C)/4182/2023

RAJU KUMAR BORDOLOI
S/O- LATE BANESWAR BORDOLOI

VILL- BATABORI
P.O.- DEWAGURI

P.S.- LAHARIGHAT
 DIST.- MORIGAON

ASSAM
PIN- 782121.


VERSUS

THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

DISPUR
GUWAHATI-6.

2:THE COMMISSIONER
 PANCHAYAT AND RURAL DEVELOPMENT
JURIPAR
 SIXMILE
 GUWAHATI-22.
 3:THE PROJECT DIRECTOR
 DRDA
 MORIGAON
ASSAM- 788004.
 4:THE DEPUTY COMMISSIONER
 MORIGAON
ASSAM.
 5:THE CHIEF EXECUTIVE OFFICER
 MORIGAON ZILLA PARISHAD
MORIGAON.
 6:THE BLOCK DEVELOPMENT OFFICER
 LAHARIGHAT DEVELOPMENT BLOCK
DIST.- MORIGAON
 ASSAM.
 7:THE TULSHIBORI GAON PANCHAYAT
REPRESENTED BY ITS SECRETARY
                                                          Page No.# 12/14

VILLAGE- TULSHIBORI

P.O.- TENGAGURI
 DIST.- MORIGAON

ASSAM- 782127.
------------
Advocate for : MR M J QUADIR
Advocate for : SC
P AND R.D. appearing for THE STATE OF ASSAM AND 6 ORS.



Linked Case : WP(C)/5175/2023

BADAR UDDIN
S/O SAKIBUR RAHMAN
VILL AND P.O.-RATABARI
DIST- KARIMGANJ
ASSAM
PIN-788735


VERSUS

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

2:THE COMMISSIONER
 PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
PANJABARI
 GUWAHATI-37
 3:THE PROJECT DIRECTOR
 DISTRICT RURAL DEVELOPMENT AGENCY
 KARIMGANJ
SETTLEMENT ROAD
 DIST-KARIMGANJ
ASSAM
 PIN-788712
 4:THE CHIEF EXECUTIVE OFFICER
 KARIMGANJ ZILLA PARISHOD
DIST-KARIMGANJ
ASSAM
 PIN-788712
                                                                        Page No.# 13/14

            5:THE BLOCK DEVELOPMENT OFFICER
            DULLAVCHERRA DEVELOPMENT BLOCK
           P.O.-DULLAVCHERRA
            DIST- KARIMGANJ
           ASSAM
            PIN-788736
            ------------
           Advocate for : MR. S B LASKAR
           Advocate for : SC
            P AND R.D. appearing for THE STATE OF ASSAM AND 4 ORS

                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                       ORDER

Date : 13.05.2024

Heard Mr. M.J.Quadir, learned counsel for the petitioners in WP(C)/4061/2023, WP(C)/4182/2023, WP(C)/4221/2023,WP(C)/4267/2023 and WP(C)/4277/2023; Mr. K. Mira, learned counsel for the petitioner in WP(C)/4761/2023; Mr. R.M. Deka, learned counsel for the petitioners in WP(C)/4776/2023 and WP(C)/6627/2023; Mr. S.B. Laskar, learned counsel for the petitioner in WP(C)/5175/2023; Mr. D. Mahanta, learned counsel for the petitioner in WP(C)/106/2024 and Mr. A. K. Baruah, learned counsel for the petitioner in WP(C)/666/2024. Also heard Mr. S. Dutta, learned Standing Counsel, P & RD, Department.

The learned counsels submits that earlier on 21.12.2023 the submissions were made by the learned Standing Counsel, P&RD that these cases are distinguishable from the Judgment of Jan Saikia Vs State of Assam and others [WP(C) 4632/2023] and the learned Standing Counsel was given one opportunity to prepare and address the Court in this aspect of the matter.

Today when the matter is called up Mr. S. Dutta, learned Standing Counsel, P & RD, Department submits that after proper examination he finds Page No.# 14/14

that all these matters stands covered by the Judgment rendered in Jan Saikia Vs State of Assam and others [WP(C) 4632/2023] and which came to be dismissed on 14.08.2023. It is further submitted that a writ appeal has been preferred against the said Judgment and the same is listed for admission on 15.05.2024.

Accordingly, let the matter be listed again on 22.05.2024.

The learned counsels for the petitioners referring to the order of this Court passed on 21.12.2023 submits that the Judgment of the Co-Ordinate Bench in Jan Saikia (Supra) was rendered per incuriam as the same was delivered without considering the earlier Judgment rendered by this Court in Ali Ahmed Barbhuiya Vs State of Assam and Others [WP(C)/2977/2023] and Sailendra Bora Vs State of Assam and Others [WP(C)/6680/2022] . The learned counsels for the petitioners therefore submits that notwithstanding Jan Saikia (Supra) having been dismissed and the submissions of the learned Standing counsel that the issues in these writ petitions stands covered by Jan Saikia (Supra), the matters requires hearing as the said Judgment by the Co-Ordinate Bench in Jan Saikia (Supra) was rendered per incuriam without considering the other earlier judgments.

Learned counsels at the bar submits that the matter be deferred and listed in any date thereafter.

Accordingly, let the matter be listed again on 22.05.2024.

The learned counsels are at liberty to apprise the Court the status of the Writ Appeal stated to have been filed against the Judgment and Order dated 14.08.2023 in Jan Saikia (Supra).

JUDGE Comparing Assistant