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2025 DAILYLAW 17336 (GAU)

NASIMA AKHTER AND ANR v. THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPT AND 5 ORS

WP(C)/4953/2025 · 2025-08-28

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010176222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4953/2025 NASIMA AKHTER AND ANR W/O MAHMUDUL KHAN, R/O VILL- GHOGABALAPARA, P.O.- BOALKAMRI, P.S.- BILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348 2: BASIDA KHATUN W/O NUR JAMAL SK R/O VILL- BOALKAMRI PT-II P.O.- BOALKAMRI P.S.- BILASIPARA DIST- DHUBRI ASSAM PIN-78334 VERSUS THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPT AND 5 ORS JURIPAR, PANJABARI, GUWAHATI-781037 2:THE STATE MISSION DIRECTOR ASSAM STATE RURAL LIVELIHOODS MISSION (ASRLM) SIVA NATH GOGOI PATH PANJABARI GUWAHATI-781037 3:THE BLOCK DEVELOPMENT OFFICER MAHAMAYA DEVELOPMENT BLOCK DIST- DHUBRI ASSAM PIN-783349 4:THE OFFICER-IN-CHARGE Page No.# 2/3 NAYAHAT OUT POST BILASIPARA POLICE STATION PIN-783348 5:ATEMA KHATUN W/O JOHIRUL ISLAM VILL- FAKIRANIRJHAR P.O.- BARKANDA P.S.- BILASIPARA DIST- DHUBRI ASSAM PIN-783348 6:IVLINA SULTANA W/O SALAUDDIN VILL- CHALBANDHA P.O.- BOALKAMRI P.S.- BILASIPARA DIST- DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR A A DEWAN, MR A MALEK,MR H A RASHID Advocate for the Respondent : SC, P AND R.D., SC, ASRLM,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 29.08.2025 Heard Shri A.A. Dewan, learned counsel for the petitioners. Also heard Shri N. Goswami, learned State Counsel as well as Shri S. Dutta, learned Standing Counsel, P&RD. The writ petition has been instituted with the following prayers: “a) Issue a writ in the nature Certiorari, quashing the illegal formation of the new body constituted by the Respondent No. 5 & 6 and declare the Page No.# 3/3 same as null and void an initio. b) Issue a writ in the nature of mandamus directing the respondent authorities to restore and recognize the previously legal committee formed under the ASRLM framework. c) Direct the Mission Director, ASRLM, to initiate a fact-finding enquiry and submit a report before this Hon'ble Court regarding the recognition, if any, extended to the illegally formed body. d) Direct the Officer-In-Charge of the local police station to register a preliminary enquiry into the alleged theft and unauthorized possession of public documents. e) Pass such further order(s) as this Hon'ble court may deem fit in the interest of justice. And for this act of your kindness the petitioners as in duty bound shall ever pray.” On a prima facie view, the dispute is against the respondent nos. 5 and 6 which is private in nature. The grievance of the petitioners to direct the Officer- in-Charge of the Police Station to register a preliminary inquiry is also hit by the law laid down by the Hon’ble Supreme Court in the case of Sakiri Vasu vs. State of U.P & Ors. reported in (2008) 2 SCC 409 wherein it has been settled that remedies are available to a party with such kind of grievance. In view of the above, this Court does not find the present case to be fit for entertaining and accordingly, the same is dismissed. JUDGE Comparing Assistant