Abdul Matin and 3 Ors v. The State of Assam and 5 Ors

ORDER

30.06.2023 (AM Bujor Barua, J)

Heard Mr. D Hussain, learned counsel for the petitioners. Also heard Ms. M Bhattacharjee, learned Additional Senior Government Advocate, Assam for the respondents No.1, 2 and 3. Mr. U Sarma, learned counsel appears for the respondents No.4-6, Although the names of the learned counsel for the respondents No.4-6 are not reflected in the cause list, we are taking up the matter on the premises that considering the nature of the order proposed to be passed, the respondents No.4-6 are not required to be heard for the present.

¶2This PIL is instituted by Abdul Matin, Ismail Hussain Mujibur Rahman and Nurul Islam, all residents of village Panighat, Police Station Karimganj in the Karimganj district being aggrieved by the constitution of a construction committee as per the Notification dated 12.06.2023 of the Deputy Commissioner Karimganj. The construction committee is as extracted: Sl No. Name of Committee Member Address Designation

¶1Smti Anjana Paul, BDO

(Ph. 9435461739) North Karimganj Dev. Block Chairman Page No.# 4/5

¶2Sri Abdul Laise Mazumder,

Asstt. Engineer

(Ph. 9401417810) North Karimganj Dev. Block Member Secretary cum

Technical Member

¶3Sri Mujakkir Hussain, S/o Lt. Sumsuddin (Ph 6003458295) Vill-Panighat Member

¶4Sri Nazrul Islam, S/o Lt Ishaid Ali (Pn. 8099104860) Vill-Panighat Member

¶5Sri Ataullah, S/O Lt. Jamir

Ali

(Pn. 6002784152) Vill-Panighat Member

¶6Sri Moharam Ali, S/o Lt. Samir Ali (Ph. 8811819391) Vill-Panighat Member

¶7Sri.

Subal Namasudra, S/o Lt. Gopal

Ram Namsudra

(Pn. 7896182308) Vill-Nayabilerpar Member

¶3The petitioners are aggrieved to the extent that the Member Secretary-cum Technical Member Abdul Laise Mazumder, Asstt. Engineer is not eligible to be appointed as the Member Secretary, in view of the guidelines under the name Asom Adarsha Gram Yojana wherein the constitution of the committee is prescribed under Clause IV.7. As per Clause IV.7 the Member Secretary should be either a school teacher or any government servant living in the village. It is stated that Abdul Laize Mazumder is not living in the village concerned and, therefore, it is claimed that although he can be appointed as a technical Page No.# 5/5 member, but he cannot be appointed as a member secretary.

¶4Being aggrieved, the petitioners have submitted a representation dated

19.06.2023 before the Deputy Commissioner, Karimganj which is available as Annexure-E, page 76 to the writ petition. As the representation is submitted only on 19.06.2023 and the writ petition is moved today i.e. on 30.06.2023, we require the Deputy Commissioner Karimganj to take note of the representation and pass a reasoned order in accordance with law.

¶5The Deputy Commissioner, Karimganj may pass a reasoned order within 15(fifteen) days from the date of receipt of the certified copy of this order.

¶6We are clarifying that we have not given any observation on the merit of the claim of the petitioners and it is for the Deputy Commissioner to pass any appropriate order as per its merit.

¶7The PIL stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010144952023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/50/2023o ABDULoMATINoANDo3oORSo S/OoRAISoALI,oR/OoVILL-oPANIGHAT,oP.S.-KARIMGANJ,oDIST-oKARIMGANJ,o ASSAM,oPIN-788709 2:oISMAILoHUSSAIN oS/OoSAFARoALI oR/OoVILL-PANIGHAT oP.S.-KARIMGANJ oDIST-KARIMGANJ oASSAM oPIN-788709 3:oMUJIBURoRAHMAN oS/OoSIFAToALI oR/OoVILL-oPANIGHAT oP.S.-KARIMGANJ oDIST-oKARIMGANJ oASSAM oPIN-788709 4:oNURULoISLAM oS/OoABDULoCHATTAR oR/OoVILL-oPANIGHAT oP.S.-KARIMGANJ oDIST-oKARIMGANJ oASSAM oPIN-78870o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oTRANSFORMATIONoANDoDEVELOPMENTo DEPARTMENT,o4THoFLOOR,oJANATAoBHAWAN,oDISPUR,oGUWAHATI-06,o Page No.# 2/5 ASSAM 2:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM TRANSFORMATION AND DEVELOPMENT DEPTT. 4TH FLOOR JANATA BHAWAN DISPUR GUWAHATI-06 3:THE DEPUTY COMMISSIONER KARIMGANJ CUM CHAIRPERSON DISTRICT LEVEL COMMITTEE AXOM ADARXO GRAM YOJANA KARIMGANJ ASSAM PIN-788710 4:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD KARIMGANJ DIST-KARIMGANJ ASSAM PIN-788710 5:THE BLCOK DEVELOPMENT OFFICER NORTH KARIMGANJ DEVELOPMENT BLOCK KARIMGANJ ASSAM PIN-788710 6:THE VILLAGE LEVEL COMMITTEE UNDER AAGY SCHEME HEADED BY THE BLOCK DEVELOPMENT OFFICER NORTH KARIMGANJ DEVELOPMENT BLOCK KARIMGANJ ASSAM PIN-78871 Advocate for the Petitioner : MR. R A CHOUDHURY Advocate for the Respondent : GA, ASSAM Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE DEVASHIS BARUAH