Page No.# 1/4 GAHC010008552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2061/2025 MUKUL CHANGMA AND 11 ORS S/O- AGUR MARAK, R/O- VILL-GOBARDHANA GRANT 2: BHUPEN BHUYAN S/O- LATE PHUKAN BHUYAN R/O- KAMARPUR PATHAR 3: BUBUL DEKA S/O- LATE SANTARAM DEKA R/O- KAMARPUR PATHAR 4: RATAN DEKA S/O- LATE BULURAM DEKA R/O- VILLAGE NO-2 DHAMKHUNDA 5: NARAYAN BARMAN S/O- LATE GOPAL BARMAN R/O- VILLAGE NO-2 DHAMKHUNDA 6: KRISHNA KANTA SUTRADHAR S/O- LATE SUMANTRASUTRADHAR R/O- VILLAGE DHIPUJIJAN PAM 7: JALDHAR BISWAS S/O- LATE GANESH BISWAS R/O- VILLAGE DHIPUJIPATHAR 8: RABIN SARKAR Page No.# 2/4 S/O- LATE RAJENDRA DARKAR R/O- VILLAGE GHORAMARA JANPAR 9: DEEPAK SAIKIA S/O- LATE JADURAM SAIKIA R/O- VILLAGE KAJOLOCHOWKI 10: BASUNDHAR SAIKIA S/O- LATE LEPAR SAIKIA R/O- VILLAGE HATIBAGARA 11: PRADIP RAJBONGSHI S/O- LATE NABIN RAJBONGSHI R/O- VILLAGE GOVALI 12: FAGU SAHA S/O- LATE MUKUL SAHA R/O- MIKIRPAM ALL PETITIONERS ARE R/O- P.O- CHANDRAPUR P.S- PRAGJYOTISHPUR DIST- MORIGAON ASSAM PIN-78115 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE PRINCIPAL SECRETARY, TO THE GOVT OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT DISPUR, GUWAHATI-6 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-6 3:THRE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT Page No.# 3/4 DISPUR GUWAHATI-6 4:THE DISTRICT COMMISSIONER KAMRUP METRO ASSAM 5:THE DISTRICT COMMISIONER MORIGAON ASSA Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Advocate for the Respondent : GA, ASSAM, SC, GAD BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27.06.2025 Heard Shri S. Dey, learned counsel for the petitioners. Also heard Shri M. Bhuyan, learned counsel appearing for the GAD. The grievance of the petitioners is with regard to a notification dated 31.12.2022 whereby 12 nos. of villages in Kamrup (M) district under the Paschim Mayong Gaon Panchayat has been transferred to the Morigaon district. The petitioners had earlier approached this Court by filing WP(C)/6384/2024 which was however withdrawn with a liberty to file representation. As the representation has remained unaddressed, the petitioners have filed the second writ petition. The primary contention of the petitioners is that no proper opportunity of hearing was given before the impugned decision was taken. What however intrigues this Court is the issue as to whether there has Page No.# 4/4 been any infringement or even semblance of the violation of the legal rights much less the fundamental right by such notification? The scope of giving an opportunity is minimal in a decision to put certain villages under a particular district which comes under the administrative domain. The powers under Article 226 of the Constitution of India are prerogative in nature wherein the discretion has to be applied in an appropriate case as this power is extraordinary in nature. In view of the above, this Court does not find the preset case fit to be entertained and accordingly, the same is dismissed. JUDGE Comparing Assistant