Monowar Hussain Khan and 11 Ors v. The State of Assam and 4 Ors

PageoNo.#o1/5 GAHC010229132024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/63/2024o MONOWARoHUSSAINoKHANoANDo11oORSo S/OoLATEoHASENoALIoKHANo RESIDENToOFoVILLAGEoCHIRAKUTIoCHATAPARA,oPOoCHIRAKUTI,oDISTo DHUBRI,oASSAMo783330 2:oSRIoHAYEToALI oS/OoLATEoPASHANoALIo RESIDENToOFoKUMRI oPOoCHIRAKUTI o DISToDHUBRI oASSAM o783330 3:oSRIoJOHIRULoISLAM oS/OoLATEoABDULoMOZID o RESIDENToOFoKUMRI oPOoCHIRAKUTI o DISToDHUBRI oASSAM o783330 4:oSRIoMOYANoUDDINoSHEIKH oS/OoLATEoAKABBARoALIoSHEIKH o RESIDENToOFoVILLAGEoCHIRAKUTIoCHATAPARA oPOoCHIRAKUTI oDISToDHUBRI oASSAMo783330 5:oSRIoEKTIARoHUSSAIN PageoNo.#o2/5 oS/OoLATEoINTASoALI o RESIDENToOFoVILLAGEoKALNOI oPSoMEDORTARI oDISToDHUBRI oASSAMo783330 6:oSRIoTARACHANoALI oS/OoLATEoABDURoREZZAQUE o RESIDENToOFoVILLAGEoPODDARVITA oPOoMEDORTARI oDISToDHUBRI oASSAMo783330 7:oSRIoRASHIKoALOM oS/OoOHEDoALI o RESIDENToOFoKUMRI oPOoCHIRAKUTI o DISToDHUBRI oASSAM o783330 8:oSRIoSOFIARoRAHMAN oS/OoMOHORoALIo RESIDENToOFoKUMRI oPOoCHIRAKUTI o DISToDHUBRI oASSAM o783330 9:oSRIoABUoNASERoAHMED oS/OoSRIoSULTANoMOHAMMADoMIAH o RESIDENToOFoVILLAGEoCHIRAKUTIoCHATAPARA oPOoCHIRAKUTI oDISToDHUBRI oASSAM.o783330 10:oSRIoJOYNALoABEDIN oS/OoSRIoPASHANoALIo RESIDENToOFoVILLAGEoPARUWA oPOoCHIRAKUTIoDISToDHUBRI oASSAM.o783330 Page No.# 3/5 11: SRI ROFIQUL ISLAM S/O SRI NOBUCHAND SK

RESIDENT OF VILLAGE MEDORTARI PO MEDORTARI DIST DHUBRI ASSAM. 783330 12: SRI ABDUR ROSHID S/O SRI BISHA MIAH

RESIDENT OF VILLAGE FULPUR PO MEDORTARI DIST DHUBRI ASSAM. 78333 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI 781006 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI 781006 3:THE DISTRICT LEVEL COMMITTEE (CONSTITUTED FOR RATIFYING BLOCK BOUNDARIES AND RECOMMED DEMARCATION OF THE BLOCK BOUNDARIES ALONG WITH BLOCK HQ TO THE PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT) REPRESENTED BY THE DISTRICT COMMISSIONER DHUBRI ASSAM 4:THE DISTRICT COMMISSIONER DHUBRI ASSAM 5:DHUBRI ZILLA PARISHAD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER DHUBRI For petitioner(s)/appellant(s) : Mr. S. Borthakur, Advocate Mr. S. Dey, Advocate Page No.# 4/5

For respondent(s) : Mr. D. Saikia, AG, Assam Mr. K. K. Konwar, SC, PNRD Mr. P. Barua, Advocate

– BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

04.11.2024 (Vijay Bishnoi, CJ)

Heard the learned counsel for the parties. In this PIL petition the petitioners have prayed for setting aside and quashing the Notification No. PDA.6/2024/DB/13, dated 19.10.2024 issued by the Additional Chief Secretary to the Government of Assam, Panchayat & Rural Development Department, whereby Borkalia Naskara village under Naskara Gaon Panchayat, in the district of Dhubri has been notified as the Headquarter of Naskara Jamadarhat Development Block instead of Chirakuti, which had been the Headquarters of the erstwhile Jamadarhat Development Block since long back. It is the case of the petitioners that while notifying Borkalia Naskara as the Headquarter of Naskara Jamadarhat Development Block vide the above-referred notification, the Government has not strictly followed the Standard Operating Procedure

(SOP) for Delimitation of Gaon Panchayat, Anchalik Panchayat & Zilla Parishad. Having heard the learned counsel for the petitioners and after going through the material available on record, we are of the view that fixing the Headquarter of a Development Block is purely an administrative matter and it comes within the domain of the Executive. It is not the case of the petitioners that while fixing the Headquarter of Naskara Jamadarhat Development Block at village Borkalia Naskara, the respondents have violated any statutory Rules or have acted with mala fides. Learned counsel for the petitioners has frankly conceded that the said SOP for re-organization of Development Blocks has no statutory force. Page No.# 5/5 In view of the above, we are of the opinion that no mandamus can be issued and the relief prayed for in the PIL petition cannot be granted to the petitioners in the facts and circumstances noted above. It is claimed by the learned counsel for the petitioners that the petitioners and other affected persons have already approached the Additional Chief Secretary to the Government of Assam, Panchayat and Rural Development Department, by filing a representation dated 18.10.2024 ventilating their grievance with regard to the fixing of village Borkalia Naskara as the Headquarter of Naskara Jamadarhat Development Block. It is noticed that the above representation was filed by the aggrieved persons prior to the issuance of notification dated 19.10.2024, which is impugned in this PIL petition, therefore, we grant liberty to the petitioners to file fresh representation before the competent authority raising their grievances against fixing of Headquarter of the Naskara Jamadarhat Development Block at village Borkalia Naskara. If any such representation is filed by the petitioners within four weeks from today, it is expected that the authorities concerned shall dispose of the said representation expeditiously. With these observations, this PIL petition stands dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant