Citation : 2026 Latest Caselaw 4859 Gua
Judgement Date : 22 May, 2026
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GAHC010079732026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/34/2026
SATYA RANJAN ACHARJEE AND 2 ORS
S/O.- LATE SUBUDH ACHARJEE, R/O.- VILLAGE-CHANDINAGAR PART-II
P.O.- HARINAGAR PART-IV.
2: ELA CHANDA
W/O- SANKU CHANDA
VILLAGE - CHANDINAR PART-III
P.O. - HARINAGAR PART-IV.
3: PRADYUT DEY
S/O- LATE PRAHLAD CH. DEY
VILLAGE- AND P.O. HARINAGAR PART-IV
ALL ARE RESIDENTS OF P.S. KATIGORAH
DIST. CACHAR
ASSAM, PIN- 788805
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPARTMENT OF PANCHAYAT RURAL DEVELOPMENT (P AND RD)
DISPUR
GUWAHATI-06.
3:THE DISTRICT COMMISSIONER
CACHAR
SILCHAR
PIN-788001.
4:THE CHIEF EXECUTIVE OFFICER
CACHAR ZILLA PARISHAD
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CACHAR, SILCHAR, ASSAM
PIN-788001.
5:THE PRESIDENT
CHANDINAGAR GAON PANCHAYAT
VILL - HARINAGAR PT-IV
P.O. RAJATILLA
DISTRICT- CACHAR
ASSAM
PIN-788805.
6:THE SECRETARY
CHANDINAGAR GAON PANCHAYAT
VILL - HARINAGAR PT-IV
P.O. RAJATILLA
DISTRICT-CACHAR
ASSAM
PIN-788805.
7:SMRITI KANA DAS
W/O- SRI PARIMAL DAS
R/O VILLAGE- CHANDINAGAR PART-VI
P.O.- HARINAGAR PART- IV
PS - KATIGORAH, DISTRICT - CACHAR
ASSAM PIN - 78880
For the petitioner/appellant(s) : Mr. A.R. Sikdar, Advocate
Mr. S.I. Talukdar, Advocate
For the Respondent(s) : Mr. S. Dutta, SC, P&RD Deptt.
Mr. S. Baruah, GA, Assam
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
22.05.2026 (Ashutosh Kumar, CJ)
The petitioners are residents of Chandinagar Gaon Panchayat under Katigorah Development Block in the district of Cachar.
The grievance of the petitioners relates to construction of a new Gaon Panchayat Bhawan at Koraikandi Part-I village.
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The contention of the petitioners is that the decision about the location/site of the new Panchayat Bhawan has arbitrarily been taken by the President of the Panchayat, without any resolution taken in this regard by the Gaon Panchayat body. The issue was never discussed in any meeting of the Panchayat or the Standing Committee, as required under the Assam Panchayat Act, 1994.
The other objection raised by the petitioners is that the chosen location for the new Panchayat Bhawan would be highly inconvenient for the majority of the residents, because the site chosen, according to the petitioners, is a low-lying area, which remains waterlogged for most of the year with practically no connectivity. Furthermore, the chosen site is approximately five kilometers away from the main road, which would cause great hardships to the majority of the villagers who would have to travel long distance to visit the new Panchayat office.
Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department, seeks some time to respond to this petition.
Re-notify on 24.07.2026.
JUDGE CHIEF JUSTICE Comparing Assistant
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