Page No.# 1/7 GAHC010109642024 2025:GAU-AS:7474 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2973/2024 RAMJAN ALI AND 10 ORS S/O- SURHAF ALI, RESIDENT OF VILL. KADOMONI TOWN, P.O. AND P.S.- JURIA, DIST.- NAGAON, ASSAM. PIN- 782124. 2: SOFIQUL ISLAM S/O- YAD ALI RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124. 3: MOHIBUL HOQUE S/O- MAINUL HOQUE RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124. 4: FOJRUL HOQUE S/O- MOGOR ALI RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA Page No.# 2/7 DIST.- NAGAON ASSAM. PIN- 782124. 5: SHAFIQUL ISLAM S/O- JOBED ALI RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124. 6: ABDUL BAREK S/O- JOBAN ALI RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124. 7: JOHUR ALI S/O- MIR SHEIKH RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124. 8: REZAUL HOQUE S/O- JAHIRUL HOQUE RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124. 9: SABBIR KHAN S/O- AKHTAR HUSSAIN RESIDENT OF VILL. KADOMONI TOWN Page No.# 3/7 P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124. 10: BAPPI DEVNATH S/O ABONI KUMAR DEVNATH RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124. 11: REAZ UDDIN S/O- YAD ALI RESIDENT OF VILL. KADOMONI TOWN P.O. AND P.S.- JURIA DIST.- NAGAON ASSAM. PIN- 782124 VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY ITS SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT OF ASSAM, DISPUR, GUWAHATI-6. 2:THE CHIEF EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR ASSAM GUWAHATI-06. 3:THE MEMBER SECRETARY DISTRICT WATER AND SANITATION COMMITTEE DISPUR ASSAM GUWAHATI-06. 4:THE DEPUTY COMMISSIONER NAGAON Page No.# 4/7 ASSAM PIN- 782001. 5:MUSSTT. MUSTARA KHATUN THE GP PRESIDENT JURIA GAON PANCHAYAT JURIA NAGAON ASSAM PIN- 782124 Advocate for the Petitioner : S AHMED, MS A HUSSAIN Advocate for the Respondent : SC, P H E, MR. S DUTTA (SC, P&RD),MR A SHARMA(R-5),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 09-06-2025 1. Heard Mr. S. Ahmed, learned counsel for the petitioners and Mr. I. Borthakur, learned Standing counsel, Public Health Engineering (PHE) Department for the respondent Nos. 1 & 2. 2. The present writ petition is filed alleging illegal formation of Beboharkari Parichalna Samittee for the Jal Jeevan Mission by keeping the residents of the local Kodmoni Town under complete darkness. 3. The petitioners are the residents under the scheme of Jal Jeevan Mission. According to them, an illegal committee has been constituted under the Presidentship of the respondent No. 5 and the petitioner No. 1 was duly elected as President of Kodmoni Town Water User Committee in the general meeting held on 24.08.2023 in the office of Juria Gaon Panchayat. The committee under the respondent No. 5 is still interfering and the petitioners are not being handed over their responsibilities though the term of the committee headed by the respondent No. 5 expired on 05.02.2024. Page No.# 5/7 4. The Government of Assam by the Notification under No. PDA.193/2021/7 dated 09.02.2022, notified an advisory for prioritizing activities to be undertaken by the Gaon Pnachayats, Anchalik Panchayat and Zilla Parishad under Tied Grant of 15th Finance Commission, which includes supply of drinking water, rainwater harvesting and water recycling. In the aforesaid Notification dated 09.02.2022, more particularly, in Clause A(iv), the formation of Water Users Committee (WUC) is prescribed and the same is to be taken up in a general meeting involving all the users within the command area of the scheme. In terms of the aforesaid Notification, for effective monitoring and concurrent evaluation, a District Level Supervisory Committee is mandated with the following members:- (i) Guardian Minister of the District as Chairperson, (ii) Deputy Commissioner of the District as Vice Chairman, (iii) CEO, Zilla Parishad as Member Secretary, (iv) Chairperson, Zilla Parishad as Member, (v) ADC (Education) as Member (vi) ADC (JJM, SDO/JJM) as Member (vii) Inspector of Schools as Member (viii) DEEO as Member (ix) District Social Welfare Officer as Member (x) Executive Engineer, PHED as Member (xi) Executive Engineer, ZP as Member (xii) Two Social Activities as Member 5. Subsequently, such Notification was amended by an Addendum issued by the Government of Assam under No. PDA.193/2021/pt/5 dated 02.07.2022, which prescribes that the General Body Meeting for formation of WUC/dissolution shall be convened by the Gaon Panchayat (GP) Secretary. The aforesaid Addendum also prescribes the structure of the Executive Committee of WUC, which is as follows:- Page No.# 6/7 (i) President No.1 (ii) Vice President No.1 (iii) General Secretary No.1 (iv) Treasurer No.1 (v) GP President, concerned Ward member, PHED Sectional Officer and an eminent person can also be special invitees/General Members. 6. Under the aforesaid Addendum, it is mandated that the Executive Committee of WUC is to be held once in a month, however, entire Addendum is silent as regards any dispute of validity of formation of such committee or dissolution thereof and/or illegal allegation against the committee. 7. In view of the aforesaid backdrop, such dispute, more particularly, that has been raised in the present petition, cannot be a subject matter of writ proceeding, therefore, taking note of the scheme in its entirety, this Court is of the opinion that as there has already a monitoring and concurrent evaluation committee at the District Level is in place, it will be in the interest of justice, such dispute is resolved by the aforesaid committee. In view of the aforesaid, the present writ petition stands disposed of relegating the petitioner to approach the jurisdictional District Monitoring and Evaluation Committee, Nagaon District to take note of the grievance of the petitioners and resolve the same. 8. It is needless to say that the aforesaid committee may determine their modalities. The entire exercise be carried out within a period of 4 (four) weeks from the date of receipt of a certified copy of this order to be furnished by the petitioners. 9. Though the P&RD department is not arrayed as party respondent, however, Mr. S. Dutta, learned counsel has assisted this Court on the request of this Court and a copy of this order be furnished to Mr. Dutta, learned Standing counsel, P&RD department for his necessary use. 10. With the above observation and direction, this writ petition stands disposed of. JUDGE Page No.# 7/7 Comparing Assistant