Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010194922018
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6196/2018 MINTU HAZARIKA S/O. (LATE) RAMDHAN HAZARIKA, R/O. VILL.- 9 NO. KHEWALI, P.O. D.
DAPARA, P.S. KACHUWA, DIST. NAGAON (ASSAM), PIN- 782428, PRESIDENT OF LONGJAP GAON PANCHAYAT. VERSUS THE STATE OF ASSAM AND 8 ORS. REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-
6. 2:THE DIRECTOR PANCHAYAT AND RURAL DEVELOPMENT GOVT. OF ASSAM JURIPAR GUWAHATI. 3:THE DEPUTY COMMISSIONER NAGAON DIST. NAGAON ASSAM. 4:THE PRESIDENT NAGAON ZILLA PARISHAD DIST. NAGAON ASSAM. 5:THE CHIEF EXECUTIVE OFFICER
Page No.# 2/4 NAGAON ZILLA PARISHAD DIST. NAGAON ASSAM. 6:THE BLOCK DEVELOPMENT OFFICER KATHIATOLI ANCHALIK PANCHAYAT DIST. NAGAON ASSAM. 7:THE PRESIDENT KATHIATOLI ANCHALIK PANCHAYAT DIST. NAGAON ASSAM. 8:THE SECRETARY KATHIATOLI ANCHALIK PANCHAYAT DIST. NAGAON ASSAM. 9:SWARNLAL MAZUMDAR S/O. (LATE) SASHIDRA MAZUMDAR R/O. VILL.- LONGJAP COLONY P.O. BARPANI P.S. KACHUWA DIST. NAGAON (ASSAM) PIN- 782450 Advocate for the Petitioner : MR. T H HAZARIKA, MR M CHETIA,MR S DEKA,MR A RASHID,MR. K ISLAM Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 28.05.2025 Heard Shri D Roy, learned counsel for the petitioner. Also heard Shri M Chetia, learned State Counsel, Assam. Page No.# 3/4
2. Shri Roy, learned counsel for the petitioner submits that there is no instruction from the client and he accordingly prays for 2 weeks’ time. 3. On the other hand, Shri Chetia, learned State Counsel has submitted that from the cause of action espoused which is discernible from the writ petition, the same has become infructuous. In support of the said contention, he has also produced a copy of the written instructions dated 24.09.2018, issued by the Executive Officer, Kathiatoli Anchalik Panchayat stating that the lessee is not collecting tolls from the users of the bamboo bridge. 4. This Court has noticed that the grievance raised was with regard to the collection of tax by the Kathiatoli Anchalik Panchayat for crossing of bamboo bridge at Longjap Lila Parghat. 5. It is the case of the petitioner that the local villagers had erected concrete structures for which, the bamboo bridge has been constructed and unfortunately, the Panchayat was collecting the tolls for crossing the bamboo bridge. 6.
The cause of action was espoused in the year 2018 and it appears that thereafter there was lack of initiative to pursue the matter by the petitioner. In fact, this matter was listed before the learned Lawazima Court on 28.11.2024, 11.02.2025 and 01.05. 2025 and in none of the three occasions, there were representations. It also reflects that the steps upon the respondent no. 4 & 9 were not taken in spite of numerous opportunities. 7. In view of the aforesaid discussion, including the written instructions, this Court is of the opinion that nothing survives for adjudication in this writ petition and accordingly, the same is dismissed. Page No.# 4/4
8. A copy of the written instructions dated 24.09.2018 is made a part of the record. JUDGE Comparing Assistant