[Cites 3, Cited by 0]
Gauhati High Court
Rudhir Kumar Daimary vs The State Of Assam And Ors on 6 February, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010235502025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6068/2025
RUDHIR KUMAR DAIMARY
S/O- DAMBARUDHAR BRAHMA.
R/O- WARD NO. 7, BAGANSHALI, KOKRAJHAR, ASSAM,PIN- 783370.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, DISPUR,
GUWAHATI- 781006, ASSAM.
2:THE PRINCIPAL SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
PIN- 783370
ASSAM
3:THE DIRECTOR
TOWN AND COUNTRY PLANNING
ASSAM
GUWAHATI
DISPUR
PIN -781006
4:THE SECRETARY
URBAN DEVELOPMENT DEPARTMENT
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
ASSAM
PIN- 783370
5:THE KOKRAJHAR DEVELOPMENT AUTHORITY
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REPRESENTED BY ITS MEMBER SECRETARY
KOKRAJHAR
PIN- 783370
ASSA
For the Petitioner(s) : Mr. P. Bharadwaj, Advocate
For the Respondent(s) : Mr. A. K. Bhuyan, Sr. SC, BTC
: Ms. M. Kalita, Government Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 06.02.2026
Issue notice making it returnable on 06.03.2026.
2. Ms. M. Kalita, the learned Government Advocate accepts notice on
behalf of the Respondent No.1 and Mr. A. K. Bhuyan, the learned Senior
Standing counsel accepts notice on behalf of the Respondent Nos. 2, 3
and 4.
3. As the Respondent Nos. 1 to 4 are duly represented, extra copies of
the writ petition be served upon them during the course of the day.
4. As regards the Respondent No.5, the Petitioner is directed to take
steps by way of Speed Post by 07.02.2026.
5. In addition to that, the Petitioner is further directed to take steps
upon the Respondent No.5 by way of dasti routed through the Registry of
this Court and file an affidavit of service on or before the next date.
6. The Petitioner herein was appointed as Chairman of the Kokrajhar
Development Authority i.e. the Respondent No.5 for a period of 5 years
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under Section 8B of the Assam Town and Country Planning Act, 1959
read with Rule 3 of the said Rules vide a notification dated 05.08.2025.
Copies of the said notification were forwarded even to the BTC
authorities.
7. It further appears that the Petitioner thereupon joined as the
Chairman of the Kokrajhar Development Authority. On 09.10.2025, an
Office Memorandum was issued by the Principal Secretary, Bodoland
Territorial Council. The contents of the said Office Memorandum being
relevant are reproduced herein under:
"As desired by the Hon'ble Chief, BTC all non-statutory/non-elected/adhoc
Organizations, Boards, Committees are hereby ceased to exist from immediate
effect. The concerned Secretary of the department shall issue separate
notification with respect to the bodies as mentioned above immediately.
By Order -------"
8. The above quoted relevant portion of the Office Memorandum dated
09.10.2025 reveals that as per the desire of the Chief of the Bodoland
Territorial Council, all non-statutory/non-elected/adhoc Organizations,
Boards, Committees would ceased to exist with immediate effect and the
concerned Secretary of the Department was directed to issue separate
notification with respect to the bodies as mentioned. The Office
Memorandum so enclosed do not specifically mention the names of the
bodes which were dissolved.
9. It is further seen that on 10.10.2025, a notification was issued by
the Secretary, Bodoland Territorial Council on the basis of the Office
Memorandum dated 09.10.2025 and dissolved all Municipal Board and
Urban Development Authority under the Bodoland Territorial Council with
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immediate effect. It further appears that the respective Executive Officers
of the Municipal Board/Urban Development Authority were directed to
look after the functioning of the Municipal Board/Urban Development
Authority until further orders.
10. This Court vide an order dated 27.10.2025 had issued notice on the
interim prayer and further directed to maintain the status quo.
11. Today, when the matter was taken up, Mr. A. K. Bhuyan, the learned
Senior Standing counsel appearing on behalf of the BTC has placed
before this Court a set of instructions dated 29.11.2025 issued by the
Secretary, Bodoland Territorial Council. The said set of instructions is kept
on record and collectively marked with the letter "X".
12. From the said instructions and the enclosures thereto, it appears
that the Secretary of the Bodoland Territorial Council vide a
communication dated 17.07.2023 intimated the CHD, Urban Development
Department, Bodoland Territorial Council, Kokrajhar that the Bodoland
Territorial Council, Kokrajhar had approved and directed to include the
Petitioner and one Shri Nihar Ranjan Nath as the Chairman and Member
of the new body of Kokrajhar Development Authority and the remaining
members of the body would remain same as per existing body of the
Kokrajhar Development Authority. It further appears from the office notes
which is also a part of the instructions that the then Chief Executive
Member of the Bodoland Territorial Council had recommended
nomination of the Petitioner as the Chairman vide a recommendation
dated 07.07.2023 and it further appears that on the basis thereof, the
notification dated 05.08.2025 was issued.
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13. Be that as it may, a question therefore arises as to whether the
Office Memorandum dated 09.10.2025 as well as the Notification dated
10.10.2025 can at all be sustained in law more particularly taking into
account the applicability of the Assam Municipal Act, 1956 and the Assam
Town and Country Planning Act, 1959 to the BTC area. This aspect can
be decided upon affidavit being filed by the Respondent Authorities.
14. This Court also takes note of the contents of the Office
Memorandum dated 09.10.2025. Without commenting on its legality or
validity, it appears that the contents of the said Office Memorandum only
refers to non-statutory/non-elected/adhoc Organizations, Boards,
Committees. If that be so, under no circumstances it can be said that the
Municipal Board as well as the Urban Development Authorities are non-
statutory/non-elected/adhoc Organizations, Boards, Committees taking
into account the provisions of Assam Municipal Act, 1956 and the Assam
Town and Country Planning Act, 1959.
15. Under such circumstances, it prima facie appears before this Court
that the Notification dated 10.10.2025 is contrary even to the Office
Memorandum dated 09.10.2025 which was the basis for issuance of the
Notification dated 10.10.2025. It is therefore the opinion of this Court
that the Petitioner herein is entitled to certain interim directions.
16. Accordingly, this Court therefore stays the Notification dated
10.10.2025 insofar as the same is applied to the Kokrajhar Development
Authority till the next date.
17. The interim order passed on 27.10.2025 shall also continue till the
next date. The Respondents shall bring on record their stand by filing
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affidavit on or before 27.02.2026.
18. List accordingly.
JUDGE
Comparing Assistant
