Page No.# 1/8 GAHC010010472025 2025:GAU-AS:1636 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/797/2025 DINESH DAS AND 14 ORS S/O LATE PANURAM DAS, R/O VILL. GUIMARI (KACHARI ALIBARI), P.O. RANI, P.S. PALASHBARI, DISTRICT KAMRUP, ASSAM. PIN 781131 2: SRI HEMANTA TARO S/O LATE SUREN TARO R/O VILL. JALUKPAHAM P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 3: SRI SAILA RONGPEE S/O LATE MOLAI RONGPEE R/O VILL. MATANG (JALUKPAHAM) P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 4: SRI RANJIT BORO S/O LATE GOBINDA BORO R/O VILL. BAHUPARA P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 Page No.# 2/8 5: SRI JITEN GOUR S/O LATE JONGALI GOUR R/O VILL. PAJIBINDHA P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 6: SRI BINA DAS S/O LATE DEVIRAM DAS R/O VILL. MAIRAPUR P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 7: SRI RAMESH DAS S/O LATE UMESH DAS R/O VILL. MAIRAPUR P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 8: SRI SUBODH KALITA S/O LATE KALICHARAN KALITA R/O VILL. MAIRAPUR P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 9: SRI TILOK RABHA S/O LATE DHANE RABHA R/O VILL. BAKARAPARA (RAJAPANICHANDA) P.O. RANI P.S. PALASHBARI Page No.# 3/8 DISTRICT KAMRUP ASSAM. PIN 781131 10: SRI DEVAKANTA BORO S/O LATE SATISH CHANDRA BORO R/O VILL. RAJAPANI CHANDA P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 11: SRI AMAL BORO S/O LATE MONIRAM BORO R/O VILL. ANDHERIJULI P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 12: SRI RAJEN RABHA S/O LATE KOCHARAM RABHA R/O VILL. RANGAPARA P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 13: SRI KAMALESHWAR RABHA S/O LATE KATIRAM RABHA R/O VILL. CHALLI P.O. LOHARGHAT P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 14: SRI KEHAB RABHA S/O LATE LAKHIRAM RABHA R/O VILL. JOYPUR P.O. LOHARGHAT Page No.# 4/8 P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 781131 15: SRI MUNINDRA DAS S/O LATE UMAKANTA DAS R/O VILL. KAHARPARA (KACHARI ALIBARI) P.O. RANI P.S. PALASHBARI DISTRICT KAMRUP ASSAM. PIN 78113 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM. PIN 781006 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM. PIN 781006 3:THE DISTRICT LEVEL COMMITTEE (CONSTITUTED FOR RATIFYING BLOCK BOUNDARIES AND RECOMMEND DEMARCATION OF THE BLOCK BOUNDARIES ALONG WITH BLOCK HQ TO THE PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT) REPRESENTED BY THE DISTRICT COMMISSIONER KAMRUP ASSAM 4:THE DISTRICT COMMISSIONER KAMRUP ASSAM 5:KAMRUP ZILLA PARISHAD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER KAMRU Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Page No.# 5/8 Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 17.02.2025 Heard Mr. S. Borthakur and Mr. S. Dey, learned Counsels for the petitioners. Also heard Mr. A. Konwar, learned Additional Advocate General appearing for all the respondents. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing inter-alia the notification dated 15.10.2024 issued by the Additional Chief Secretary, Panchayat & Rural Development Department, reorganizing the Chayani Rani Anchalik Panchayat. 3. It is the specific case of the writ petitioners that the Chayai Rani Development Block has been constituted by merging the erstwhile Chayani Rani Development Block with a part of the erstwhile Rani Development Block during the recent development block reorganization exercise undertaken by the Government of India. 4. The grievances of the writ petitioners as regards reorganization of the Chayani Rani Development Block are as follows: - (i) Clause 4.A.iv of the said SOP for Development Block Reorganisation provided that: "iv. After reorganization, number of Blocks in the district will be equal to the existing number of Block (Block HQ) in the district." Page No.# 6/8 Annexure-I of the said SOP further specified that the number of Development Blocks in Kamrup district would be 14. However, after reorganization, there are only 13 Development Blocks in Kamrup district. Therefore, Rani Development Block could have been retained instead of merging it with Chayani Development Block. (ii) Jharobori is very far from the villages of the undersigned persons (about 50-60 KMs). These villages like Jalukpaham, Matang, Garbhanga, Nongtaria, Rongmali, Dumopaham and others are primarily inhabited by persons from the Karbi tribe are located on hilly areas near the border between Assam and Meghalaya. These are remote villages and already suffer from significant under-development. There is lack of even civic facilities in these villages. There are other villages also which lack proper road connectivity and transportation facilities. The development of these villages would be adversely affected now when the Development Block headquarters are situated very far from them. This will lead to further deprivation and backwardness of the residents of these villages. (iii) The requirement of the SOP as well as the grievance of the undersigned could have been squarely met if the Rani Development Block would have been retained with necessary changes as per the SOP and the already completed delimitation of Legislative and Parliamentary Constituencies. In fact, the Gaon Panchayat areas of Bongora and Maliata could have also been included in the Rani Development Block as these areas are located nearer to Rani than Jharobori. (iv) During the pendency of the exercise of Development Block Reorganisation, several members of the public were issued notices to express their objections to the constitution of Chayani Rani Development Page No.# 7/8 Block and fixing of Jharobari as its headquarters. These members of the public went and lodged their objections at the Office of the District Commissioner, Kamrup, on 23.9.2024 and 24.9.2024. However, none of these grievances have received consideration of the Respondent authorities. (v) The infrastructure at Rani which was the erstwhile headquarters of the Rani Development Block would be laid to waste. 5. Aggrieved by the aforesaid reorganization, the petitioners filed a representation before the Office of the Commissioner, Panchayat & Rural Development Department, Juripar, Panjabari, Guwahati by letter dated 18.12.2024. However, there is no response to the said representation. Situated thus, the present writ petition has been filed. 6. Mr. S. Dey, learned Counsel for the petitioners in his usual fairness has placed the decision of the Division Bench passed on 04.11.2024 in Case No: PIL/63/2024, wherein the Division Bench though was of the opinion that no mandamus can be issued as regards the reorganization of the development block is concerned, however, was pleased to direct disposal of the representation filed by the aggrieved persons against such notification of reorganization of the development block. He accordingly prayed disposal of the writ petition by directing the respondent authorities to consider the representation filed in the matter. 7. Mr. A. Konwar, learned Additional Advocate General submits that though he has no objection as regards the prayer of the writ petitioners for disposal of the writ petition by directing the concerned respondent authorities to consider the representation, however, he points out that Page No.# 8/8 the competent authority to dispose of the representation in the present case is respondent No.1 or 2 and not the Office of the Commissioner, Panchayat & Rural Development, who is not even a party to whom the representation is being made. 8. I have heard the arguments made by the learned Counsels for the contending parties, and also perused the material available on record. 9. In view of the endorsement made by the learned Counsel for the parties and in terms of the decision of the Division Bench in Case No: PIL/63/2024, this Court is of the considered opinion that this writ petition can be disposed of by directing the petitioners to file a representation either before the respondent No.1 or respondent No.2 and in the event such representation is being filed, the same shall be considered by the said respondents in accordance with law within a period of 2(two) months from the date of receipt of the representation. 10. Ordered accordingly. 11. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant