Page No.# 1/4 GAHC010058312026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2003/2026 KANGKU TAATI AND 5 ORS S/O- ABHAY TAATI, GAON PANCHAYAT MEMBER OF BASHBARI GAON PANCHAYAT, WARD NO. 2, R/O- VILL.- CHANDIPUR PT.-I, P.O. CHANDIPUR, DIST. HAILAKANDI, ASSAM 2: RINTU SUKLABAIDYA S/O- ABINASH SUKLABAIDYA GAON PANCHAYAT MEMBER OF BASHBARI GAON PANCHAYAT WARD NO. 9 R/O- VILL.- BHATIRKUPA PT.-I P.O. CHANDIPUR DIST. HAILAKANDI ASSAM 3: ANWAR HUSSAIN LASKAR S/O- JUAID ALI LASKAR GAON PANCHAYAT MEMBER OF BASHBARI GAON PANCHAYAT WARD NO. 8 R/O- VILL.- CHANDIPUR PT-IV P.O. CHANDIPUR DIST. HAILAKANDI ASSAM 4: KHANNA KHANAM LASLAR W/O- IMDAD HUSSAIN MAZUMDER GAON PANCHAYAT MEMBER OF BASHBARI GAON PANCHAYAT WARD NO. 5 R/O- VILL.- CHANDIPUR PT.-II P.O. CHANDIPUR DIST. HAILAKANDI ASSAM 5: NURUL AMIN LASKAR S/O- MOIN UDDIN LASKAR Page No.# 2/4 GAON PANCHAYAT MEMBER OF BASHBARI GAON PANCHAYAT WARD NO. 7 R/O- VILL.- CHANDIPUR PT-IV P.O. CHANDIPUR DIST. HAILAKANDI ASSAM 6: HUSNA BEGOM MAZUMDER GAON PANCHAYAT MEMBER OF BASHBARI GAON PANCHAYAT WARD NO. 6 R/O- VILL.- CHANDIPUR PT.-III P.O. CHANDIPUR DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI GUWAHATI-37. 3:THE DISTRICT COMMISSIONER HAILAKANDI ASSAM PIN- 788151. 4:THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD DIST. HAILAKANDI ASSAM 5:THE ALGAPUR ANCHALIK PANCHAYAT REPRESENTED BY ITS SECRETARY CUM BLOCK DEVELOPMENT OFFICER ALGAPUR DEVELOPMENT BLOCK ALGAPUR DIST. HAILAKANDI ASSAM Page No.# 3/4 6:THE PRESIDENT BASHBARI GAON PANCHAYAT VILL.- CHANDIPUR P.O. CHANDIPUR PIN- 788152 For the Petitioner(s) : Mr. N. H. Barbhuiya, Advocate For the Respondent(s) : Mr. S. Dutta, SC, P&RD : Mr. H. Hazarika, Jr. GA, Assam BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 07.04.2026 Heard Mr. N. H. Barbhuiya, the learned counsel appearing on behalf of the Petitioners and Mr. S. Dutta, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2, 4 and 5. I have also heard Mr. H. Hazarika, the learned Junior Government Advocate appearing on behalf of the Respondent No.3. 2. The Petitioners herein who are the Members of Bashbari Gaon Panchayat are aggrieved by the decision of the Respondent Authorities more particularly the Respondent Nos. 4, 5 and 6 in taking steps for construction of the Gaon Panchayat Office in a land which has been donated by certain members of the public. 3. It is the case of the Petitioners that the construction of the Page No.# 4/4 Gaon Panchayat Office should be done in some other area which would be more convenient to the public and in that regard, had submitted a representation on 15.12.2025 before the Respondent No.4. The said representation having not been considered, the Petitioners have approached this Court. 4. This Court has taken note of the materials on record and is of the opinion that the Authorities concerned i.e. the Respondent Nos. 1, 2, 4, 5 and 6 having in-depth knowledge as to where the Gaon Panchayat Office should be, it would not be proper on the part of this Court while exercising jurisdiction under Article 226 of the Constitution to stall such constructions so proposed at the instance of the Petitioners. 5. Under such circumstances, this Court is not inclined to issue notice for which, the instant writ petition stands rejected. 6. Before parting with the records, this Court however observes that the rejection of the instant writ petition shall not act as a bar on the part of the Respondent Authorities to consider the construction of the Gaon Panchayat Office in an area which is convenient for the public. JUDGE Comparing Assistant