Niranjan Hojai v. The State of Assam and 4 Ors

ORDER

20.09.2024

It has been brought to the attention of this Court on the basis of a affidavit filed by the respondent No.4 who is the Principal Secretary to the North Cachar Hills Autonomous Council that due to absence of the Panchayati Raj System in the District of Dima Hasao, which is administered under the 6th Schedule to the Constitution of India, the North Cachar Hills Autonomous Council authority has constituted the North Cachar Hills Autonomous Council Constituency Development Committee and had decided that the funds under the 15th Finance Commission Grant for the year 2023-24 should be implemented by the CDC. Page No.# 3/3

¶2It has also been stated that as the CDC does not have proper manpower/expertise of its own as of now, the Committee shall involve the other line department, like as Agriculture, Public Health Engineering, Fisheries etc., depending on the nature of the scheme. It has also been mentioned that the authority had decided to utilize the fund for the development of Rural Areas through CDC by involving other Departments since the CDC does not have proper manpower and expertise of its own.

¶3Further to that, it has also been mentioned that vide a Notification dated

17.08.2024, the North Cachar Hills Autonomous Council was pleased to assign and allocate the Department of Panchayat and Rural Development Department to the Chief Executive Members (CEM) of North Cachar Hills Autonomous Council, Haflong.

¶4Taking into account the above stand as well as the Notification dated

17.08.2024, this Court is of the opinion that the petitioner does not have any locus standi in the instant writ petition.

¶5Accordingly, the instant writ petition is not entertained on the ground of lack of locus standi.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010152492024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3841/2024o NIRANJANoHOJAIo S/O-oLATEoJOPOLALoHOJAI,oR/O-oDIYUNGBRA,oP.O.oANDoP.S.o DIYUNGMUKH,oDIST.oDIMAoHASAO,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oFINANCEoDEPARTMENT,oSACHIVALAYA,o DISPUR,oGHY-6. 2:THEoJOINToDIRECTOR oFINANCEo(ECONOMICoAFFAIRS)oDEPARTMENT oBLOCK-F oDISPUR oGHY-6. 3:THEoACCOUNTANToGENERALo(AoANDoE) oMAIDAMGAON oBELTOLA oGHY-29. 4:THEoPRINCIPALoSECRETARY oNORTHoCACHARoHILLSoAUTONOMOUSoCOUNCIL oHAFLONG oDIMAoHASAO oASSAM 5:THEoASSISTANToDEVELOPMENToCOMMISSIONERo(H) oDIMAoHASAO Page No.# 2/3 HAFLONG ASSAM 6:THE CHEIF EXECUTIVE MEMBER (CEM) DIMA HASAO AUTONOMOUS COUNCIL DIMA HASAO DIST.-DIMA HASAO HAFLON Advocate for the petitioner(s): Mr. BD Goswami Advocate for the respondent(s): Mr. R M Das Standing Counsel, NCHAC. B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH