Page No.# 1/3 GAHC010008062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/386/2025 MOHIBUL SHEIKH AND ANR S/O- CHAN MIAH SHEIKH, R/O- VILL.- TOPPARA JHAWPARA PART-II, P.O. RANGAMATI, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN- 763349. 2: AZIM UDDIN SHEIKH S/O- LATE SIRAJUL SHEIKH R/O- VILL.- TOPPARA JHAWPARA PART-II P.O. RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN- 763349 VERSUS THE UNION OF INDIA AND 9 ORS REPRESENTED BY THE MINISTRY OF JAL SHAKTI, DEPARTMENT OF DRINKING WATER AND SANITATION, NEW DELHI-01. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH DEPARTMENT DISPUR GUWAHATI-06. 3:THE MISSION DIRECTOR JAL JEEVAN MISSION (JJM) ASSAM HENGRABARI GUWAHATI-36. 4:THE DISTRICT COMMISSIONER DHUBRI Page No.# 2/3 ASSAM P.O. AND P.S. DHUBRI DIST. DHUBRI ASSAM PIN- 783301. 5:THE EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION P.O. AND P.S. DHUBRI DIST. DHUBRI ASSAM PIN- 783301. 6:THE BLOCK DEVELOPMENT OFFICER MAHAMAYA DEVELOPMENT BLOCK P.O. AND P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM PIN- 783349. 7:THE PANBARI GAON PANCHAYAT REPRESENTED BY ITS SECRETARY P.O. RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN- 783349. 8:THE PRESIDENT TOPPARA JHAWPARA PART-II WATER USER COMMITTEE P.O. RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN- 783349. 9:THE SECRETARY TOPPARA JHAWPARA PART-II WATER USER COMMITTEE P.O. RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN- 783349. 10:TOSER ALI S/O- AZGOR ALI VILL.- TOPPARA JHAWPARA PART-II P.O. RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN- 783349 Page No.# 3/3 Advocate for the Petitioner : MR. M HUSSAIN, MR. R I MONDAL,MR A.K. MOLLAH Advocate for the Respondent : DY.S.G.I., SC, WATER RESOURCE,GA, ASSAM,SC, P H E BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 29/01/2025 Heard Mr. M. Hussain, learned counsel for the writ petitioner. Also heard Ms. A. Gayan, learned CGC, appearing for the respondent no. 1, Mr. D. Bora, learned Government Advocate, Assam, appearing for the respondent nos. 4 & 6 and Mr. I. Borthakur, learned Standing Counsel, PHE Department, Assam, appearing for the respondent nos. 2, 3 & 5. By filing this writ petition, the petitioner has called into question the alleged arbitrary and illegal appointment of the respondent no. 10 as “Jal Mitra“. However, going through the materials on record, I find that the order of appointment had not been issued either by the State or its instrumentality. Such being the position, this Court is of the opinion that the appointment order issued to the respondent no. 10 was purely an act of private individual(s), in the private capacity with no involvement of the State or its instrumentality. Under the circumstances, the plea taken by the petitioner cannot be entertained in a Writ Petition, in exercise of power under Article 226 of the Constitution of India. The writ petition is accordingly, closed. JUDGE Sukhamay Comparing Assistant