Page No.# 1/4 GAHC010269642025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/66/2025 1.ALI AHMED BARBHUIYA AND 3 ORS. S/O FAKAR UDDIN BARBHUIYA, R/O MANIKPUR, P.O.- RAJNAGAR, DISTRICT- CACHAR, ASSAM. PIN CODE- 788026 2: HAYDAR HUSSAIN MAZUMDAR S/O. JAMIR UDDIN MAZUMDAR R/O. VILLAGE- NICHINTAPUR P.O.- RAJNAGAR MANIKPUR DISTRICT- CACHAR ASSAM. PIN CODE- 788026 3: AINUL ISLAM BARBHUIYA S/O. LATE BAKTAR UDDIN BARBHUIYA R/O. MANIKPUR P.O.- RAJNAGAR DISTRICT- CACHAR ASSAM. PIN CODE- 788026 4: HAZERA BEGUM LASKAR C/O. SIRAJ UDDIN LASKAR R/O. MANIKPUR P.O.- RAJNAGAR DISTRICT- CACHAR ASSAM. PIN CODE- 78802 VERSUS 1.THE STATE OF ASSAM AND 6 ORS. THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GUWAHATI- 781037 3:THE DISTRICT COMMISSIONER CACHAR SILCHAR DISTRICT- CACHAR ASSAM. PIN CODE- 788001 4:THE CHIEF EXECUTIVE OFFICER CACHAR ZILLA PARISHAD SILCHAR DISTRICT- CACHAR ASSAM. PIN CODE Page No.# 2/4 5:THE BLOCK DEVELOPMENT OFFICER TAPANG DEVELOPMENT BLOCK TAPANG DISTRICT- CACHAR ASSAM. PIN CODE 6:THE SECRETARY RAJNAGAR GAON PANCHAYAT MANIKPUR P.O.- RAJNAGAR DISTRICT- CACHAR ASSAM. PIN CODE- 788026 7:THE PRESIDENT RAJNAGAR GAON PANCHAYAT MANIKPUR P.O.- RAJNAGAR DISTRICT- CACHAR ASSAM. PIN CODE- 78802 For the Petitioner(s) : Mr. R. Majumdar, Advocate. For the Respondent(s) : Mr. K. Konwar, Additional Advocate General, Assam. : Ms. R.B. Bora, Government Advocate, Assam. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 15.12.2025 (Ashutosh Kumar, CJ) We have heard Mr. R. Majumdar, the learned Advocate for the petitioners and Mr. K. Konwar, learned Additional Advocate General, Assam representing the Panchayat and Rural Development Department. Ms. R.B. Bora, learned Government Advocate, Assam is present. 2. This Public Interest Litigation (PIL) challenges the administrative decision to shift the Headquarters of Rajnagar Gaon Panchayat from its long standing and convenient location at Manikpur village to perhaps a temporary set up at Srikona Gaon Panchayat office, which is approximately 5 Kilometres away. 3. The petitioners are the local residents and social workers from Page No.# 3/4 Manikpur village of Cachar district, who have argued that the shift ordered by the District Commissioner of Cachar vide impugned order dated 09.10.2025 only serves the vested interests of a few newly elected Panchayat members from Srikona Gaon Panchayat, which has recently been added to the Panchayat via 2025 deliminitation. There is no element of public welfare in such administrative decision of shifting the Headquarters. 4. It has further been contended that the current office at Manikpur is housed in a vacant school building since 2022. It has a central location with essential amenities, like, primary health centre, veterinary sub-centre and schools. It is also otherwise highly accessible for the economically disadvantaged villagers. 5. Several complaints/representations have been filed before the authorities against the decision to shift the aforesaid Gram Panchayat office but none of those representations have been adverted to or disposed off. 6. It is also contended that the process of shifting has begun but the office is still continuing from Manikpur. 7. Opposing to the afore-noted contention of the petitioners, Mr. K. Konwar, learned Additional Advocate General, Assam has submitted that representations favouring such shifting was submitted by 8 out of 10 Ward Members, based on which such decision was taken by the Government and that the shifting is now complete. 8. Nonetheless, we are of the view that the representations preferred by the petitioners before the authorities ought to be looked at, Page No.# 4/4 even as a post- decisional hearing, so as to satisfy them that it was out of necessity and in public interest that such administrative decision was taken. 9. We, therefore, without interfering with the decision of shifting the Headquarters of the concerned Gaon Panchayat, direct the authorities to dispose off the representations pending and thereafter, let the petitioners know about the outcome of such decision within a period of 6(six) weeks. 10. The PIL petition stands disposed off accordingly. JUDGE CHIEF JUSTICE Comparing Assistant