Mukul Changma and 11 Ors v. The State of Assam and 4 Ors

ORDER

02.12.2024 Heard Mr. S. Dey, learned counsel for the petitioners. Also heard Mr. A. Phukan, learned counsel for the respondents No. 1, 2 & 3 and Mr. S. Baruah, learned Government Advocate for the respondents No. 4 & 5. The grievances of the petitioners are that by notification issued by the General Administration Department, 12 villages of Paschim Mayong Gaon Panchayat have been placed under the jurisdiction of Morigaon district from Kamrup District. Being aggrieved, the petitioners filed representations before the authorities concerned and pursuant to that the earlier notification was modified on 30.10.2024 whereby all the villages were based under the Page No.# 4/5 administrative control of the Kamrup (Metro) District from the administrative control of Morigaon District. The Notification is only with regard to change of administrative control and not for change of boundary of the district and co-district etc. The petitioners are before this Court praying for a direction to the Principal Secretary, Panchayat and Rural Development for disposal of their representations which they claimed to have filed on 12.07.2024. The learned counsel for State has raised an objection stating that the Panchayat and Rural Development Department is not arrayed as a party respondent and in the absence of that, perhaps, no direction can be issued by the Court. Mr. A. Phukan on the other hand appearing for the General Administration Department, Government of Assam submits that the grievances of the petitioners have already been redressed by the notification dated 30.10.2024 under which all the villages were placed under administrative control of Kamrup (Metro) district and no longer under the administrative control of Morigaon District. Therefore, no cause remains to be pursued in the present writ petition. Having considered the submissions made by the learned counsel for the parties, this Court is of the view that the Notification dated 30.10.2024 clearly prescribe that administration control of the villages mentioned therein are under the Kamrup (Metro) District and no longer under the administrative control of Morigaon District. If any further grievances remain, the petitioners may approach the competent authority which is the General Administration Department (GAD) or the Panchayat and Rural Department as may be advised. Under such circumstances, at the prayer of the learned counsel for the petitioner, we permit the writ petition to be withdrawn with liberty to the Page No.# 5/5 petitioners to approach the competent department and file afresh representations highlighting their grievances. Needless to say if the petitioners grievances are not redressed inspite of filing such representations, they are at liberty to approach the Court. The writ petition accordingly stands dismissed on withdrawal.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010254072024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6384/2024o MUKULoCHANGMAoANDo11oORSo S/O-oAGURoMARAK,o R/O-oVILLAGEoGOBARDHANAoGRANT 2:oBHUPENoBHUYAN oS/O-oLATEoPHUKANoBHUYAN o R/O-oKAMARPURPATHAR 3:oBUBULoDEKA oS/O-oLATEoSANTARAMoDEKA o R/O-oKAMARPURPATHAR 4:oRATANoDEKA oS/O-oLATEoBULURAMoDEKA o R/O-o2oNO.oDHAMKHUNDA 5:oNARAYANoBARMAN oS/O-oLATEoGOPALoBARMAN o R/O-o2oNO.oDHAMKHUNDA 6:oKRISHNAoKANTAoSUTRADHAR oS/O-oLATEoSUMANTRAoSUTRADHAR o R/O-oDHIPUJIJANoPAM 7:oJALDHARoBISWAS oS/O-oLATEoGANESHoBISWAS o R/O-oDHIPUJIJANoPATHAR PageoNo.#o2/5 8:oRABINoSARKAR oS/O-oLATEoSRAJENDRAoSARKAR o R/O-oGHORAMARAJANPAR 9:oDEEPAKoSAIKIA oS/O-oLATEoJADURAMoSAIKIA o R/O-oKAJOLICHOWKI 10:oBASUNDHARoSAIKIA oS/O-oLATEoLEPARoSAIKIA o R/O-oHATIBAGARA 11:oPRADIPoRAJBONGSHI oS/O-oLATEoNABINoRAJBONGSHI o R/O-oGOVALI 12:oFAGUoSAHA oS/O-oLATEoMUKULoSAHA o R/O-oMIKIRPAMo o o ALLoTHEoPETITIONERSoAREoRESIDENTSoUNDERoP.O-oCHANDRAPUR oP.S-oPRAGJYOTISHPUR o DIST-oMORIGAON oASSAM oPIN-78115o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o GENERALoADMINISTRATIONoDEPARTMENTo oDISPUR,oGUWAHATI-6,oDISTRICT-oKAMRUP(M),oASSAM. 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oGENERALoADMINISTRATIONoDEPARTMENTo oDISPUR oGUWAHATI-6 oDISTRICT-oKAMRUP(M) oASSAM. Page No.# 3/5 3:THE COMMISSIONER AND TO THE GOVERNMENT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-6 DISTRICT- KAMRUP(M) ASSAM. 4:THE DISTRICT COMMISSIONER KAMRUP (M) GUWAHATI-36 ASSAM. 5:THE DISTRICT COMMISSIONER MORIGAON ASSA Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI,MR SAURADEEP DEY Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA