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2025 DAILYLAW 17385 (GAU)

SRI KANAK SARMA AND ANR v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/4490/2025 · 2025-08-12

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010176312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4490/2025 SRI KANAK SARMA AND ANR S/O LATE NABIN SARMA RESIDENT OF ARANGAMOU PO ARANGAMOU PS NALBARI ASSAM AND ALSO MEMBER SECRETARY INFRASTRUCTURE DEVELOPMENT NEAR DURGA MANDIR ARANGAMOU DISTRICT NALBARI ASSAM 2: SRI ANIL KALITA SON OF LATE NABIN KALITA RESIDENT OF ARANGAMOU PO ARANGAMOU PS NALBARI ASSA VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE CHIEF SECRETARY, DISPUR, GUWAHATI-6, ASSAM 2:THE DIRECTOR TRANSFORMATION AND DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6. 3:THE DISTRICT COMMISSIONER NALBARI ASSAM 4:THE DISTRICT DEVELOPMENT COMMISSIONER NALBAR ASSA Advocate for the Petitioner : MR B KAUSHIK, P LHAMU,MR. P BORAH,MR. S HAZARIKA,K BHARALI Advocate for the Respondent : GA, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13.08.2025 Heard Shri B. Kaushik, learned counsel for the petitioners. 2. As per the fact projected, a General Meeting was held on 03.12.2023 whereby a Committee was constituted for reconstruction of the Durga Manger in which the petitioner no. 1 was elected as the Executive President. However, the name of the petitioner no. 2 was not there. Be that as it may, subsequently, a notification dated 10.03.2025 was issued by the District Commissioner, Nalbari whereby the petitioner no. 1 was made the Member Secretary and the petitioner no. 2, a Member. The grievance of the petitioners is that there is a move to remove the petitioners from the said Committee and reconstruct the entire Committee. 3. Apart from the aspect that the petitioners have not enclosed any documents of reconstitution, the other relevant aspect would be the legal right, if any, of the petitioners which have been violated by such reconstitution. 4. Be that as it may, this Court is of the view that unless the order of reconstitution is made the specific subject matter of challenge, the writ petition on the basis of a mere statement would not be maintainable. 5. In view of the above, the writ petition is dismissed. Liberty is however given to the petitioners to approach as and when any notification for reconstitution is issued. Page No.# 3/3 6. This Court has however not expressed any final opinion on the rights of the petitioners which may be adjudicated at the appropriate stage. JUDGE Comparing Assistant