Page No.# 1/5 GAHC010015172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/7/2025 FAIZUL HOQUE LASKAR S/O LATE NIMAR ALI LASKAR, RESIDENT OF VILLAGE- BURIBAIL PT -I (ROYPUR), P.O.- KRISHNAPUR, P.S.- BORKHOLA, DIST.- CACHAR, ASSAM PIN-788025 2: SAIDUR RAHMAN LASKAR S/O LATE MOSHAID ALI LASKAR RESIDENT OF VILLAGE- BURIBAIL PT -I (ROYPUR) P.O.- KRISHNAPUR P.S.- BORKHOLA DIST.- CACHAR ASSAM PIN-788025 3: AHMODUL HOQUE LASKAR S/O LATE ALAUDDIN HOQUE LASKAR RESIDENT OF VILLAGE- BURIBAIL PT -I (ROYPUR) P.O.- KRISHNAPUR P.S.- BORKHOLA DIST.- CACHAR ASSAM PIN-78802 VERSUS THE STATE OF ASSAM AND 9 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 Page No.# 2/5 3:THE DISTRICT COMMISSIONER CACHAR SILCHAR DIST- CACHAR ASSAM PIN-788001 4:THE CHIEF EXEXUTIVE OFFICER CACHAR ZILLA PARISHAD SILCHAR DIST- CACHAR ASSAM PIN-788001 5:THE BLOCK DEVELOPMENT OFFICER SALCHAPRA DEVELOPMENT BLOCK SALCHAPRA DIST- CACHAR ASSAM PIN-788801 6:THE ASSISTANT ENGINEER SALCHAPRA DEVELOPMENT BLOCK SALEHAPRA DIST- CACHAR ASSAM PIN-788801 7:THE JUNIOR ENGINEER SALCHAPRA DEVELOPMENT BLOCK SALCHAPRA DIST- CACHAR ASSAM PIN-788801 8:CONSTRUCTION COMMITTEE FOR CONSTRUCTION OF COMMUNITY HALL AT ROYPUR HEADED BY ITS CHAIRMAN JASHIM UDDIN LASKAR S/O LATE ABDUL MATLIB LASKAR R/O VILL- BURIBAIL PART-I (ROYPUR) P.O.-KRISHNAPUR P.S.-BORKHOLA DIST- CACHAR ASSAM PIN-788025 Page No.# 3/5 9:HIFJUR RAHMAN BARBHUIYA S/O LATE KUTUB UDDIN BARBHUIYA MEMBER OF THE CONSTRUCTION COMMITTEE FOR CONSTRUCTION OF COMMUNITY HALL AT ROYPUR KRISHNAPUR BHAIRABPUR GAON PANCHAYAT CUM THE THEN PRESIDENT KRISHNAPUR BHAIRABPUR GAON PANCHAYAT R/O VILL- BHAIRABNAGAR P.O.-KRISHNAPUR P.S.-BORKHOLA DIST- CACHAR ASSAM PIN-788025 10:ALTAF HUISSAIN BARBHUIYA THE THEN G.P. SECRETARY KRISHNAPUR BHAIRABPUR GAON PANCHAYAT C/O BLOCK DEVELOPMENT OFFICER SALCHAPRA DIST- CACHAR ASSAM PIN-78880 For the petitioners : Mr. R. Majumdar, Advocate For the respondents : Mr. N. Das, Govt. Advocate, Assam Mr. S. Dutta, S.C., PNRD – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM 07-02-2025 (Vijay Bishnoi, C.J.) This PIL petition is filed by the petitioners essentially raising a grievance that the money sanctioned for the purpose of construction of community hall near No.1004 Raypur L.P. School situated at VIII- Buribail Part-I under the Page No.# 4/5 jurisdiction of Krishnapur Bhairabnagar Gaon Panchayat of Salchapra Development Block, has been embezzled by the Chairman and Member Secretary of the Construction Committee of the Gaon Panchayat. It is also alleged that they in collusion with the President of the Gaon Panchayat embezzled the fund. It is also stated in the petition that they moved a representation before the District Commissioner, Cachar, Silchar way back in January, 2024 but no action has been taken on the said representation till date. Having gone through the allegations levelled in the PIL petition, we find that the petitioners are raising allegations against the officials of the concerned Gaon Panchayat regarding embezzlement of the fund sanctioned for the purpose of construction of the community hall. Embezzlement of public fund is a cognizable offence. However, it is an admitted case that the petitioners or any other authority has not lodged any complaint with the concerned police station regarding the alleged embezzlement. Be that as it may, we have also gone through the representation stated to have been filed by the villagers to the District Commissioner, Cachar, Silchar. However, in the said representation, vague allegations have been levelled. Taking into consideration the overall facts and circumstances of the case, we are not inclined to entertain this petition. However, we grant liberty to the petitioners to file a criminal complaint, if they desire so, before the concerned police station or they may also move a detailed representation before the District Commissioner, Cachar, Silchar with proof and material of embezzlement of the public money by the officials of the Gaon Panchayat. If any such representation is filed by the petitioners before the District Commissioner, Cachar, Silchar along with supporting material, it is expected that the District Page No.# 5/5 Commissioner, Cachar, Silchar shall consider the same objectively and take appropriate action, if requires so. With these observations, this PIL petition is disposed of. JUDGE CHIEF JUSTICE Comparing Assistant