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2026 DAILYLAW 12999 (GAU)

MAJEDA KHATUN AND ORS v. THE STATE OF ASSAM AND ORS

WP(C)/4540/2026 · 2026-08-25

Sanjay Kumar Medhi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010177532026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4540/2026 MAJEDA KHATUN AND ORS ANCHALIK PANCHAYAT MEMBER FROM KHATONIAPARA GAON PANCHAYAT W/O.- IBRAHIM ALI IBRAHIM ALI PRADHANI A RESIDENT OF VILLAGE- HIRAPARA, P.O.- DHULA, DIST.- DARRANG, ASSAM. 2: INAMUL HAQUE ANCHALIK PANCHAYAT MEMBER FROM BAHBARI GAON PANCHAYAT S/O.- ABU TALEB A RESIDENT OF VILL.- BAHBARI P.O.- KHARUPETIA DIST.- DARRANG 3: ARJINARA BEGUM ANCHALIK PANCHAYAT MEMBER FROM NAGAZAN GAON PANCHAYAT A RESIDENT OF VILL.- NIZ. BARUAJHAR P.O.KUWARIPUKHURI DARRANG ASSAM. 4: KHAIRUL ISLAM ANCHALIK PANCHAYAT MEMBER FROM SHYAMTILA GOAN PANCHAYAT S/O.- AMSER ALI A RESIDENT OF VILL.-NO. 1 DHANSHIRI KASH P.O.- SHYAMTILA P.S.- DHULA DIST.- DARRANG ASSAM PIN-784190 5: JIARUL HOQUE ANCHALIK PANCHAYAT MEMBER FROM BALABARI GAON PANCHAYAT S/O.-SULEMAN HOQUE A RESIDENT OF VILL.- NO. 2 THEKERABARI P.O. -DHULA DIST.- DARRANG ASSAM Page No.# 2/4 PIN-784146 6: NARZIMA BEGUM ANCHALIK PANCHAYAT MEMBER FROM SHERPUR GOAN PANCHAYAT W/O.- MAFIJUL HOQUE A RESIDENT OF VILL.- BAGDIA P.O.- DHULA DIST.- DARRANG ASSAM PIN-784190 7: CHAINA KHATUN ANCHALIK PANCHAYAT MEMBER FROM DHARIAKHAITI GOAN PANCHAYAT W/O.- PARAN ALI A RESIDENT OF VILL.- APARIA N.C. P.O.- MANGALDAI P.S.- MANGALDAI DIST.- DARRANG ASSAM PIN784125. 8: SAMIRON NESSA ANCHALIK PANCHAYAT MEMBER FROM NANGLI GAON PANCHAYAT W/O- SHAHIL ALI A RESIDENT OF NO.3 NANGLI P.O.- MANGALDOI DIST.- DARRANG ASSAM PIN-784125 VERSUS THE STATE OF ASSAM AND ORS TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT, AND RURAL DEVELOPMENT DEPARTMENT DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER DARRANG MANGALDAI DISTDARRANG ASSAM PIN-784125 3:THE DARRANG ZILLA PARISHAD MANGALDOI TO BE REPRESENTED BY ITS CHAIRMAN P.O- MANGALDOI DISTDARRANG ASSAM PIN-784125 Page No.# 3/4 4:THE CHIEF EXECUTIVE OFFICER DARRANG ZILLA PARISHAD MANGALDOI DIST- DARRANG ASSAM PIN-784125 5:THE EXECUTIVE OFFICER DALGAON - SIALMARI ANCHALIK PANCHAYAT KHARUPETIA DIST.- DARRANG ASSAM. 6:MUSTAK AHMED S/O- MUSLIMMUDDIN AHMED VILL-KHETASWAR P.O- KHARUPETIA DIST-DARRANG ASSAM PIN7. 7:RUSTAM ALI S/O- IT. SAMSU HAQUE VILL-ALIKASH P.O- GHANSIMULI DIST-DARRANG ASSAM PIN8. 8:NUR HUSSAIN S/O- LT. JAINUDDIN VILL- KHARUPETIA WARD NO. 2 P.O- KHARUPETIA DIST-DARRANG ASSAM PIN Advocate for the Petitioner : MR. S. ALOM, MR N Z CHOUDHURY Advocate for the Respondent : GA, ASSAM, MR. M HUSSAIN(R8),FOR CAVEATOR,MR. K KALITA,MR. A SARMA,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 26.08.2026 Heard Shri A. R. Bhuyan, learned Senior Counsel assisted by Shri S. Alom, learned counsel for the petitioners who has put to challenge the action of the Page No.# 4/4 Darrang Zilla Parishad in making temporary settlement of 3 markets. The primary ground of challenge is that for settlement the value of which is less than Rs. 10 lakhs, the jurisdiction would lie on the concerned Anchalik Parishad. Also heard Shri S. Dutta, learned Standing Counsel, P&RD and Shri A. Sarma, learned counsel for the respondent no. 8 who has filed a Vakalatnama. At the outset, this Court has noticed that the cause of action which has been sought to be raised is primarily of the Anchalik Panchayat. Though the petitioners claim to be the members of the Anchalik Panchayat as well as the Standing Committee, in the opinion of this Court, the aggrieved party to espouse the cause of action has to be the concerned Anchalik Panchayat. At this stage, the learned Senior Counsel for the petitioners prays for withdrawal of the writ petition with liberty to file a fresh by the appropriate person. Writ petition is accordingly dismissed on withdrawal with liberty as prayed for. JUDGE Comparing Assistant