Page No.# 1/5 GAHC010208662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/41/2025 1.BISHNU PADA BAGDI AND 14 ORS. S/O- KALA CHAD BAGDI. R/O- DALU CHA BAGAN. P.S.- SILCHAR SADAR. DIST- CACHAR, ASSAM. 2: SAJJAD AHMED LASKAR S/O- LATE- KALA RAJA LASKAR. VILLAGE- BIJOYPUR (ANUARPAR) P.S. - SILCHAR SADAR. DIST- CACHAR ASSAM. 3: BISHWAJIT BARMAN S/O- LATE PARITOSH BARMAN. VILLAGE- BARA RAMPUR PART-I P.S.- BORKHOLA. DIST- CACHAR ASSAM. 4: DASHARATH GHATOWAR S/O- LATE DEBCHARAN GHATOWAR. R/O- MOINAGARH CHA BAGAN. P.S. SILCHAR SADAR. DIST- CACHAR ASSAM. 5: IOANIS SUNGOH S/O- PIR BAREN R/O- KHASIA PUNJI MARUA CHARA. P.S. BORKHOLA. DIST- CACHAR ASSAM. 6: MISBAH UDDIN LASKAR S/O- AHSAN ALI LASKAR. VILLAGE- CHESRI P.S. BORKHOLA. DIST- CACHAR ASSAM. 7: NIMAI SINGHA S/O- DURGA SINGHA. VILLAGE- PURANDARPUR. P.S. - BORKHOLA. DIST- CACHAR ASSAM. 8: SALIM AHMED LASKAR S/O- LATE IJADUR RAHMAN LASKAR. VILLAGE- BORKHOLA PART-I P.S. BORKHOLA. DIST- CACHAR ASSAM. Page No.# 2/5 9: KIANG SYAD S/O- MINIS SUTNGA. VILLAGE- KALIBARI GRANT. P.S. BORKHOLA DIST- CACHAR ASSAM. 10: KOWSHAR AHMED BARBHUIYA S/O- MONIR UDDIN BARBHUIYA. VILLAGE- BORKHOLA PART- II P.S. BORKHOLA. DIST- CACHAR ASSAM. 11: DILIP SINGH CHATRI S/O-SADHU SINGH CHATRI R/O- RAMPUR CHA BAGAN P.S- BORKHOLA DIST- CACHAR ASSAM 12: APU KURMI S/O- LATE ANIL KURMI. R/O- SUBHONG CHA BAGAN. P.S. BORKHOLA. DIST- CACHAR ASSAM. 13: MAINUL HOQUE BARBHUIYA S/O- MUJAMIL ALI BARBHUIYA. VILLAGE- BORKHOLA PART- II P.S. BORKHOLA. DIST- CACHAR ASSAM. 14: SHIKHA SUCHIYANG W/O- KLES SUCHIYANG. VILLAGE- BANDAR KHAL RAILWAY STATION. P.S. BORKHOLA. DIST- CACHAR ASSAM. 15: NAJMUL HOQUE BARBBHUIYA S/O- ABDUL LATIF BARBHUIYA. VILLAGE- UJANGRAM. P.S. SILCHAR. DIST- CACHAR ASSAM VERSUS 1.THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE JOINT SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF HEALTH SERVICES AND FAMILY WELFARE DEPARTMENT ASSAM JAYA NAGAR GUWAHATI - 36. 4:THE DISTRICT COMMISSIONER CACHAR SILCHAR (ASSAM)- 01 Page No.# 3/5 5:THE JOINT DIRECTOR OF HEALTH SERVICES CACHAR SILCHAR-0 For the Petitioner(s) : Mr. S.C. Biswas, Advocate. : Mr. G. Uddin, Advocate. : Mr. N.H. Laskar, Advocate. For the Respondent(s) : Mr. D.P. Bora, Standing Counsel Health Department. : Ms. R.B. Bora, Junior Government Advocate, Assam. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 17.09.2025 (Ashutosh Kumar, CJ) We have heard Mr. S.C. Biswas, learned Advocate for the petitioners and Mr. D.P. Bora, learned Standing Counsel, Health Department. Ms. R.B. Bora, learned Junior Government Advocate, Assam is present. The petitioners represent the interest of the local population of Borkhola area in Cachar District. They are aggrieved by the Notification dated 04.06.2025 issued by the respondent Nos.1 and 2, backed by the Cabinet approval, reorganizing the Health Blocks across the State of Assam in alignment with Co-Districts and Legislative Assembly Constituencies (hereinafter to be referred as “LACs”). As per the new Scheme, each LAC would have one Co-District Level Unit termed as “Health Co-District”. The Notification also states the Health Block would be renamed as per the new LAC named after the recent delimitation. With respect to Cachar District, which is notified at Serial No.15 of the Notification impugned in the present petition, the name of the Health Block and Page No.# 4/5 Health Co-District remains Borkhola but the Headquarter of the Health Block has been shifted from Borkhola Primary Health Centre to MG Model Hospital, Chibitabichia, which is located about 40 KM away from Borkhola Primary Health Centre. The concern of the petitioners is that this shifting of the Headquarter would cause immense problem for diverse communities, namely, tea garden community, Khasi, Dimasa, Manipuri and Bengali population, for whom Borkhola Primary Health Centre had hitherto been easily accessible. In fact, Borkhola Primary Health Centre had been functioning as centre point for several years. Several representations filed by the public spirited citizens, it has been argued, have fallen on deaf ears. The only prayer of the writ petitioners is that the authorities be directed to re-consider the retention of the Headquarter at Borkhola Primary Health Centre. Learned counsel for the State, however, submits that the Headquarter has been shifted, perhaps, on the ground that the new centre, namely, MG Model Hospital which, though is located at a distance but has all super- speciality facilities, would only help the residents of the area. In any view of the matter, we deem it appropriate to direct that in case any such representation expressing the reasons for retention of the Headquarter at Borkhola is filed before the respondent No.2 within a period of 2(two) weeks, that shall be considered and a reasoned order shall be passed, intimating the petitioners/representationists as to why the retention of the Headquarter at Borkhola is or is not possible. The decision must be taken within a period of 2(two) weeks of the Page No.# 5/5 receipt of the representation by the petitioners. This writ petition stands disposed off accordingly. JUDGE CHIEF JUSTICE Comparing Assistant