Satya Das v. The State of Assam and 9 Ors

ORDER

27.11.2024 Heard Ms. N.S. Thakuria, learned counsel for the petitioner. Also heard Mr. S. Baruah, learned Government Advocate, Assam for the respondent nos. 1 & 4 Page No.# 3/5 and Mr. S. Dutta, learned Standing Counsel, P&RD.

¶2This writ petition is filed by the petitioner stating that he is the President of Kukurmara Raij Gayrah and Adarxa Village. The petitioner in his capacity as the President was requested by the Secretary of 15 No. Champak Nagar Gaon Panchayat, Chhaygaon to select the Presidents for 3 Construction Committees to carry out works under the Adarxa Gram Yojana Scheme. The petitioner and the Secretary submitted the proceedings of the meeting held on 23.05.2024 in the Office of the Gaon Pancchyat on 25.05.2024. But instead of constituting the construction committee in terms of the name proposed by the petitioner and the Secretary of the Gaon Panchayat, the local MLA constituted a construction committee with the people of his choice and as a consequence thereof, the respondent tno.4, i.e. the District Commissioner, Kamrup, Amingaon, issued a notification dated 1.10.2024 notifying the names inserted by the local MLA in the said committee. It is submitted that the same is in violating the guidelines laid down in the Adarxa Gram Yojana. The petitioner submitted a representation dated 05.11.2024 but no step has been taken by the District Commissioner, Kamrup, in this regard. 3] The matter was listed on 22.11.2024, on which date the learned counsel for the petitioner was permitted to complete her instructions with regard to the Page No.# 4/5 representation dated 05.11.2024 furnished by the petitioner before the District Commissioner, Kamrup, Amingaon. 4] Today an additional affidavit has been filed by the petitioner, wherein it is stated that the petitioner has again submitted a representation on 25.11.2024 and has enclosed a copy of the representation dated 25.11.2022 filed before the District Commissioner, Karmup, Amingaon. The said representation was shown to be received on 25.11.2024. It is submitted that in spite of the representation being filed, no order has been passed by the District Commissioner, Kamrup, Amingaon in respect of the grievances raised by the petitioner. The writ petition was filed for a direction to the District Commissioner, Kamrup to pass necessary orders in the matter. 5] Learned counsel for the respondents submits that they have no instructions in the matter. 6] The specific prayer of the petitioner in the writ petition is to set aside the Notification dated 01.10.2024 passed by the Deputy Commissioner, Kamrup, Amingaon vide Memo No. KDP.126309/DFA-309032-A. In spite of the representation being filed, no order has been passed by the Deputy Commissioner, Kamrup, Amingaon redressing the grievances raised by the petitioner. Page No.# 5/5 7] Under such circumstances, this Court considers it apposite to close the writ petition at the Motion stage itself without issuing notice to the respondents but directing the respondent no.4, namely, the District Commissioner, Kamrup, Amingaon to pass appropriate order on the representation filed by the petitioner highlighting his grievances. Any such order that is passed, a copy thereof be served on the petitioner. The District Commissioner, Kamrup, Amingaon shall pass necessary order within a period of 2 (two) weeks from the date of receipt of a certified copy of this order to be submitted by the petitioner. 8] In term of the above direction, the matter stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010242582024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6075/2024o SATYAoDASo S/OoLATEoGOBINDAoDASo RESIDENToOFoVILLAGEoKUKURMARAoPOoKUKURMARA,oPSoCHHAYGAON, DISToKAMRUPoASSAMo781134 VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oDEPARTMENToOFoTRANSFORMATIONoANDoDEVELOPMENT,o GOVT.oOFoASSAM,oDISPURoGUWAHATIo06 2:THEoCOMMISSIONERoANDoSECRETARY oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPURoGUWAHATIo06 3:THEoDISTRICToCOMMISSIONER oKAMRUPo(R)oAMINGAON oKAMRUPoASSAMo781031 4:THEoCIRCLEoOFFICER oCHHAYGAONoREVENUEoCIRCLE oCCHHAYGAON oKAMRUPoASSAMo781124 5:THEoBLOCKoDEVELOPMENToOFFICER oCHHAYGAONoDEVELOPMENToBLOCK oCHHAYGAON oKAMRUPoASSAMo781124 Page No.# 2/5 6:THE SECRETARY NO. 15 CHAMPAK NAGAR GAON PANCHAYAT CHHAYGAON KAMRUP ASSAM 781124 7:SHRI KRISHNA RAM KAIBARTA S/O LATE BABULAL KAIBARTA RESIDENT OF VILLAGE KUKURMARA PO KUKURMARA PS CHHAYGAON DIST KAMRUP ASSAM 781124 PRESIDENT OF CONSTRUCTION COMMITEE OF CULTURAL STAGE WITH TOILET AND GREEN ROOM AT KUKUMARA VILLAGE 8:SHRI MILAN NAGAR S/O LATE PRAFULLA DAS RESIDENT OF VILLAGE KUKURMARA PO KUKURMARA PS CHHAYGAON DIST KAMRUP ASSAM 781124 PRESIDENT OF CONSTRUCTION COMMITEE OF BOUNDARY WALL OF KUKUMARA VILLAGE PLAYGROUND 9:SHRI SUNIL DAS S/O LATE SATYA NATH THAKURIA RESIDENT OF VILLAGE KUKURMARA PO KUKURMARA PS CHHAYGAON DIST KAMRUP ASSAM 781124 PRESIDENT OF CONSTRUCTION COMMITEE OF WEAVING CENTRE AT KUKUMARA VILLAG Advocate for the Petitioner : MS. N S THAKURIA, MR. G K THAKURIA Advocate for the Respondent : SC, P AND R.D., BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA