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2025 DAILYLAW 14306 (GAU)

TULESWAR SAIKIA AND ORS v. THE STATE OF ASSAM AND ORS

WP(C)/3322/2025 · 2025-06-22

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010132802025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3322/2025 TULESWAR SAIKIA AND ORS S/O- TARINI KANTA SAIKIA R/O- DEPOTA BAMUN CHUBURI P.O- DEPOTA DIST- SONITPUR ASSAM PIN-784150 2: LOCHAN BORAH S/O- JAGESWAR BORAH R/O- DEURI GAON P.O-KETEKIBARI DIST- SONITPUR ASSAM PIN-784001 3: PRASANTA KUMAR DAS S/O-CHANDRA KANTA DAS R/O- BORDUBIA P.O-KETEKIBARI DIST- SONITPUR ASSAM PIN-784153 4: TANKESWAR BORO Page No.# 2/3 S/O- KANAK CHANDRA BORO R/O- NO 1 BORPHUBARI P.O-THELAMARA DIST- SONITPUR ASSAM PIN-784149 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM DISPUR GUWAHATI- 781006. 2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM DISPUR GUWAHATI- 781006. ------------ Advocate for : MS. J GHOSH Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 23.06.2025 Mr. B.D. Das, learned Senior Counsel assisted by Mr. S.C. Biswas, learned counsel appears for the petitioners. Mr. K. Konwar, learned Additional Advocate General, Assam appears for the respondents. The petitioners have put to challenge Clauses 1, 3 & 6 of the impugned Executive Instructions dated 20.05.2025, on the ground that the said Clauses Page No.# 3/3 are illegal and unconstitutional. On the other hand, Mr. K. Konwar submits that there has been amendment of the Clauses that have been put to challenge by the petitioners, vide the Assam Panchayat (Financial) (Amendment) Rules, 2025 and the Assam Panchayat (Amendment) Act, 2025. Mr. B.D. Das submits that in view of the above submission made by Mr. K. Konwar, he would like to withdraw the writ petition, with liberty to make a challenge to the Assam Panchayat (Financial) (Amendment) Rules, 2025 and the Assam Panchayat (Amendment) Act, 2025. The prayer of the petitioners’ counsel is allowed. The writ petition is accordingly disposed of as withdrawn. JUDGE Comparing Assistant