Page No.# 1/3 GAHC010068492022 2025:GAU-AS:10453 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2593/2022 BAHARUL ISLAM AND 3 ORS S/O- LATE ABDUL MANNAN R/O- VILLAGE FAKALI, P.O- RUPAHI, P.S- RUPAHIHAT, DIST- NAGAON, ASSAM, PIN-782125 2: AKBAR ALI S/O- LATE KUMED ALI R/O- VILLAGE GAREMATIKHOWA P.O- BARGHAT P.S- RUPAHIHAT DIST- NAGAON ASSAM PIN-782125 3: ABDUL MANNAN S/O- LATE AFSAR ALI R/O- VILLAGE KUCHGAON P.O- SAIDARIA P.S- RUPAHIHAT DIST- NAGAON ASSAM PIN-782125 4: SHAHA ALAM S/O- LATE SER ALI R/O- VILLAGE FAKALI P.O- RUPAHI P.S- RUPAHIHAT DIST- NAGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GUWAHATI-37 3:THE DEPUTY COMMISSIONER NAGAON ASSAM PIN-782001 Page No.# 2/3 4:THE BLOCK DEVELOPMENT OFFICER RUPAHIHAT DEVELOPMENT BLOCK P.O- RUPAHI DIST- NAGAON ASSAM PIN-782125 5:THE CHIEF EXECUTIVE OFFICER NAGAON ZILLA PARISHAD DIST- NAGAON ASSAM PIN-782001 6:THE FAKALI GAON PANCHAYAT REP. BY ITS SECRETARY VILL- FAKALI P.O- ROWMARI DIST- NAGAON ASSAM PIN-782125 7:RUHUL AMIN (EX SECRETARY OF FAKALI GAON PANCHAYAT) S/O- LATE HUSSAIN ALI VILLAGE AND P.O- ROWMARI P.S- RUPAHIHAT DIST- NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MD. S ALOM, MR. M S ALAM,MS. A BEGUM Advocate for the Respondent : SC, P AND R.D., P DAS,MR. MEHBOOB ALAM,MR. K BORUAH,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 08.08.2025 Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Mr. A. K. Ghosh, learned standing counsel, Panchayat & Rural Development Department, and Mr. J. Handique, learned Government Advocate; appearing on behalf of their respective respondents. Page No.# 3/3 Mr. Alom, learned counsel, upon perusal of the Show Cause Notice, dated 21-05-2024, issued to the respondent No. 7; has submitted that he is satisfied that the respondents have instituted action in the matter with regard to the misconduct committed by the respondent No. 7. Accordingly, Mr. Alom, learned counsel, has submitted that the petitioner be permitted to withdraw the present writ petition with liberty to re-file the same, in the event, a fresh cause of action so arises. In view of the above submissions made by Mr. Alom, learned counsel for the petitioner; the instant writ petition stands dismissed on withdrawal. However, liberty is granted to the petitioner, herein, to approach the appropriate forum, in the event, a fresh cause of action arises in the matter. Before parting with the records; this Court would like to observe that it is excpected of the respondent authorities to take the departmental proceeding so instituted against the respondent No. 7, to its logical conclusion, in accordance with law. JUDGE Comparing Assistant