Page No.# 1/5 GAHC010181922023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4791/2023 ANISUR RAHMAN SON OF SAHER ALI, RESIDENT OF VILLAGE- CHARALDANGA, P.O.- SHILAIRPAR, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEER DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE CHIEF ENGINEER (PHE) WATER ASSAM HENGRABARI GUWAHATI-36. 3:THE DISTRICT COMMISSIONER DHUBRI P.O.- DHUBRI P.S.- DHUBRI DIST.- DHUBRI PIN- 783301. 4:THE EXECUTIVE ENGINEER PHE Page No.# 2/5 DHUBRI DIVISION AT DHUBRI P.O. DHUBRI P.S.- DHUBRI DIST.- DHUBRI PIN- 783301. 5:THE ASSISTANT EXECUTIVE ENGINEER PHE DHUBRI SUB-DIVISION P.O. DHUBRI P.S.- DHUBRI DIST.- DHUBRI PIN- 783301. 6:THE CIRCLE OFFICER GAURIPUR REVENUE CIRCLE GAURIPUR P.O.- GAURIPUR P.S.- GAURIPUR DIST.- DHUBRI ASSAM PIN- 783331. 7:MIZANUR RAHMAN S/O- AZIZUR RAHMAN RESIDENT OF VILLAGE- CHARALDANGA P.O.- SHILAIRPARA P.S.- GAURIPUR DIST.- DHUBRI ASSAM PIN- 783331. 8:THE BLOCK DEVELOPMENT OFFICER Page No.# 3/5 RUPSHI DEVELOPMENT BLOCK PO.-RUPSHI PS.-GAURIPUR DIST.-DHUBRI ASSAM PIN-783331 9:THE CHAPGARH GAON PANCHAYAT REPRESENTED BY ITS SECRETARY PO.-SHILAIRPAR PS.-GAURIPUR DIST.-DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MR MOLLAH KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : SC, P H E, J.R. SAKACHEP (R-7),MR D KALITA(R-7),MR H J TAMULI(R-7),MR. A K SARMA(R-7),SC, P AND R.D.,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 16.02.2026 Heard Mr. M Khan, learned counsel for the petitioner. Heard Mr. D Gogoi, learned Standing Counsel, PHE Department, Mr. S Dutta, learned Standing Counsel, P&RD Department, Mr. CKS Baruah, learned Government Advocate, Assam and Mr. JR Sakachep, learned counsel for the respondent no.7. 2. This petition is filed by the petitioner who is aggrieved by the engagement of the private respondent no.7 as a Jal Mitra for the Kutipara Piped Water Supply Scheme (PWSS). The learned counsel for the petitioner submits that as Page No.# 4/5 per the methodology notified by the Governmetn for Rural Water Supply Sector, once the project of the water supply is completed, it is to be handed over to a committee comprised of the water users to make the scheme functional. The formation of the Water Users’ Committee shall be taken up in a general meeting of the Panchayat involving all users within the command area of the scheme and the selection of the president/chairperson and other office bearers shall be decided in the general meeting. Among the basic functions of the Water Users’ Committee, the operation and maintenance of the PWSS is required to be monitored and all disputes regarding uses and offerings connections to the various households or new households are to be decided by the said Water Users’ Committee. Monthly reports are to be submitted on the functionality of the scheme and the regular maintenance and surveillance activities of the scheme. It is submitted that under the scheme, once the Water Supply Scheme is installed, the management is handed over to the Water Users’ Committee and the Government has no role to appoint any person as a caretaker. However, contrary to that scheme, the Executive Engineer has appointed the private respondent as the Jal Mitra. Being aggrieved, the present writ petition has been filed. 3. In WP(C) No.370/2024 by an order dated 15.10.2025, this Court had directed that upon perusal of the notifications and the addendums as well as the Page No.# 5/5 OMs which are enclosed with the pleadings, it appears to be Court that the matter can be resolved by directing the Gaon Panchayat Secretary, to convene a meeting with all office bearers and decide as to the engagement of the operator or volunteer to be engaged by the Water users’ Committee for the PWSS. Whether the petitioner or the private respondent no.7 or any others persons are to be engaged will be decided by the committee in its meeting. The committee will also include an officer to be nominated by the District Committee of Dhubri, who shall be treated as a special invitee in the Water Users’ Committee. This exercise was directed to be completed within a period of 30 (thirty) days from the date of receipt of a certified copy of this order and any decision taken shall be communicated to the respective Department of the PHE and Panchayat and any claim regarding arrear salary of the private respondents or of the petitioner shall be looked into and if found to be due, the same shall be released without any further delay. 4. Accordingly, as it is submitted that the present matter is similar to WP(C) No.370/2024, this writ petition stands disposed of in terms of the order dated 15.10.2025 passed in WP(C) No.370/2024, subject to fulfillment of the above mentioned directions. JUDGE Comparing Assistant