Page No.# 1/4 GAHC010225592025 2025:GAU-AS:14260 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5922/2025 CONTRACTORS ASSOCIATION, IRRIGATION, CACHAR-KARIMGANJ CIRCLE REPRESENTED BY ITS SECRETARY, NAMELY, MR. GIASH UDDIN CHOUDHURY, HAVING ITS OFFICE AT KANAKPUR PART I, SONAI ROAD, SILCHAR, DISTRICT CACHAR, ASSAM, PIN-788006 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, HAVING HIS OFFICE AT DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM IRRIGATION DEPARTMENT HAVING HIS OFFICE AT DISPUR GUWAHATI ASSAM PIN-781006 3:THE CHIEF ENGINEER IRRIGATION DEPARTMENT HAVING ITS OFFICE AT CHANDMARI GUWAHATI-781003 4:THE SUPERINTENDENT ENGINEER BARAK VALLEY CIRCLE (IRRIGATION) SILCHAR HAVING ITS OFFICE AT CAMP OFFICE AT KANAKPUR SILCHAR DISTRICT- CACHAR ASSAM PIN-788006 Page No.# 2/4 5:THE EXECUTIVE ENGINEER DHOLAI-SONAI DIVISION (IRRIGATION) HAVING HIS OFFICE AT KABUGANJ CACHAR PRESENTLY AT CAMP OFFICE AT KANAKPUR SILCHAR DISTRICT- CACHAR ASSAM PIN-788006 6:THE DISTRICT COMMISSIONER CACHAR HAVING HIS OFFICE AT COURT ROAD SILCHAR DISTRICT- CACHAR ASSAM PIN-788006 7:ARUP GOSWAMI HAVING HIS OFFICE AT THE OFFICE OF THE SUPERINTENDENT ENGINEER BARAK VALLEY CIRCLE (IRRIGATION) SILCHAR HAVING HIS OFFICE AT CAMP OFFICE AT KANAKPUR SILCHAR DISTRICT CACHAR ASSAM PIN-788006 8:NIHAR RANJAN DAS MEMBER OF LEGISLATIVE ASSEMBLY 120 DHOLAI LEGISLATIVE ASSEMBLY CONSTITUENCY HAVING HIS OFFICE AT MLA HOSTEL BLOCK F FLAT NO F-4 CAPITAL COMPLEX DISPUR GUWAHATI PIN-78100 For the petitioner (s) : Mr. G. Z. Ahmed, Advocate For the respondent (s) : Mr. N. Upadhyay, SC, Irrigation Page No.# 3/4 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 27.10.2025 Heard Mr. G. Z. Ahmed, the learned counsel appearing on behalf of the petitioner and Mr. N. Upadhyay, the learned counsel who appears on behalf of the Irrigation Department. 2. The petitioner Association has sought for interference of this Court in the proposed move mooted by the Executive Engineer, Dholai-Sonai Division (Irrigation) to shift the headquarter from Kabuganj to Palonghat. 3. This Court sought for instructions from Mr. N. Upadhyay, the learned Standing Counsel of the Irrigation Department as regards the said proposal. 4. Pursuant thereto, today Mr. N. Upadhyay, the learned Standing Counsel of the Irrigation Department has placed before this Court an instruction issued by the Executive Engineer, Dholai-Sonai Division (Irrigation) which is kept on record and marked with the letter ”X”. 5. From a perusal of the said instruction, it is seen that as regards the decision regarding shifting of the Divisional Office from the present Camp Office at Sonai Road, Silchar-6 to a new location does not fall within the purview of the Executive Engineer, Dholai-Sonai Division. It is also mentioned that necessary correspondence has Page No.# 4/4 been initiated with the Chief Engineer, Irrigation for obtaining permission from the Competent Authority in that regard. 6. Mr. N. Upadhyay, the learned Standing Counsel of the Irrigation Department submitted that even the Chief Engineer of the Irrigation Department would not have the authority for change of the Divisional Office unless and until the Competent Authority in the Government of Assam does the needful. He, therefore, submitted that the present writ petition is premature. 7. This Court having taken into account the materials on record and also the instructions so provided by the Executive Engineer, Dholai-Sonai Division (Irrigation), which is kept on record and marked with the letter “X”, is of the opinion that the present writ petition is premature, and accordingly, the instant writ petition therefore stands closed as being premature. JUDGE Comparing Assistant