86, Digirpam Gaon Panchayat and 8 Ors v. The Union of India and 6 Ors

ORDER Date : 15-11-2023

¶1The instant writ petition has been filed by the petitioners Page No.# 4/5 who are the Gaon Panchayats represented by their President, seeking a direction upon the respondent authorities and more particularly, the Deputy Commissioner to enter the list of the approved and sanctioned works under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) in the Management Information System (MIS) under the provisions of the operational guidelines of the said act and to ensure the payment of wages to the registered job card holders against the said works within a particular period.

¶2This Court have also taken note of the Annexure – 4 series which are the representations submitted by the Presidents of the various Gaon Panchayats requesting the Deputy Commissioner who is also the District Programe Coordinator, MGNREGA, to enter the list of the approved works in the MIS to ensure payment of wages to the labourers at an early date.

¶3It is on account of the non-consideration of the said representations, the petitioners have approached this Court.

¶4This Court has specifically enquired with the learned counsel for the petitioner as regards the operational guidelines. However, nothing could be shown to this Court. The learned counsel however referred to the administrative sanction which stipulates that the Pre-execution and Post-execution level photographs are to be properly archived and uploaded into MIS.

¶5Taking into account the above, this Court therefore directs the District Commissioner, Barpeta who is the respondent No.3 to take appropriate steps as required under the Provisions of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 as well as the Page No.# 5/5 operational guidelines, if any, issued under the said Act as well as also act as per the direction so issued in the administrative sanction,.

¶6With the above the instant petition therefore stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010267632017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4202/2017o 86,oDIGIRPAMoGAONoPANCHAYAToando8oORS.o REP.oBYoITSoPRESIDENToHANIFoALI,oVILL.oDIGIRPAM,oP.O.oNIRALA,oP.S.o BAGHBAR,oDIST.oBARPETA,oASSAM. 2:oMIRoHUSSAIN oMEMBER oANCHALIKoPANCHAYAT oELECTEDoFROMoSITOLIoGAONoPANCHAYAT oVILL-oLORBORIA oP.O.-oSITOLI oDIST-oBARPETA oASSAM. 3:o77 oGAGIA-oMEDHIRTARYoGAONoPANCHAYAT oREPRESENTEDoBYoITSoPRESIDENT oMS.oKHUDEJAoKHATUNoVILL-oPATLIKUCHI oP.O.-oGAGIA oDIST-oBARPETA oASSAM 4:o69 oSATRAKANARAoGAONoPANCHAYAT oREPRESENTEDoBYoITSoPRESIDENT oROWSHANARAoKHATUN oVILLoandoP.O.-oSATRAKANARA oDIST-oBARPETA oASSAM. 5:o79 oKADONGoGAONoPANCHAYAT oBARPETAoREPRESENTEDoBYoITSoPRESIDENToMRS.oLILIMAoKHATUN Page No.# 2/5 VILL and P.O.- KADONG DIST- BARPETA ASSAM. 6: ZAKIR HUSSAIN MEMBER ANCHALIK PANCHAYAT ELECTED FROM 81 JANIA GAON PANCHAYAT VILL- SALEKURA P.O.- JANIA DIST- BARPETA ASSAM. 7: 78 SITOLI GAON PANCHAYAT REPRESENTED BY ITS PRESIDENT ABDUL KARIM VILL and P.O.- SITOLI DIST- BARPETA ASSAM. 8: MS.RUKIYA BEGUM MEMBER ANCHALIK PANCHAYAT ELECTED FROM 88 BAGHBAR GAON PANCHAYAT VILL- NIZ BAGHBAR DIST- BARPETA ASSAM. 9: 85 AGMONDIA- JADAVPUR GAON PANCHAYAT REPRESENTED BY ITS PRESIDENT ABUL QUASHEM VILL- AGMONDIA P.S.- BAGHBAR DIST- BARPETA ASSAM VERSUS THE UNION OF INDIA and 6 ORS. TO BE REP. BY THE SECRETARY TO THE GOVT. OF INDIA, RURAL DEVELOPMENT DEPTT., KRISHI BHAWAN, NEW DELHI-01. 2:THE STATE OF ASSAM TO BE REPRESENTED BY COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM PANCHAYET and RURAL DEVELOPMENT DEPARTMENT PANJABARI GUWAHATI- 781037. Page No.# 3/5 3:DEPUTY COMMISSIONER BARPETA ASSAM CUM- DIST. PROGRAM COORDINATOR MGNREGS BARPETA ASSAM. 4:CHIEF EXECUTIVE OFFICER BARPETA JILA PARISHAD BARPETA ASSAM. 5:PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY BARPETA ASSAM. 6:BLOCK DEVELOPMENT OFFICER MONDIA DEVELOPMENT BLOCK P.O.- MONDIA DIST- BARPETA ASSAM. 7:MIS MANAGER DRDA BARPETA ASSAM Advocate for the Petitioner : MS.L WAJEEDA Advocate for the Respondent : SC, PNRD BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH