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2026 DAILYLAW 16384 (GAU)

PHATIK KELENG v. THE STATE OF ASSAM AND 13 ORS

WP(C)/1469/2026 · 2026-10-12

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010046382026 2026:GAU-AS:15478 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1469/2026 PHATIK KELENG VILL.- KATHALGURI, P/O. JHARGAON, P/S. JAGIROAD, MOUZA- MANOHA, DIST. MORIGAON, ASSAM, PIN-782411 VERSUS THE STATE OF ASSAM AND 13 ORS REPRESENTED BY THECOMMISSIONER-SECRETARY, HOME DEPARTMENT, GOVT. OF ASSAM, DISPUR,GUWAHATI-6. 2:THE DIRECTOR GENERAL OF POLICE ASSAM B.K KAKATI ROAD ULUBARI GUWAHATI-781007 3:THE DISTRICT COMMISSIONER MORIGAON DIST. MORIGAON ASSAM. 4:THE SUPERINTENDENT OF POLICE MORIGAON DIST. MORIGAON ASSAM 5:THE CO-DISTRICT COMMISSIONER JAGIROAD CO-DISTRICT JAGIBHAKATGAON MORIGAON ASSAM-782411 Page No.# 2/4 6:THE CIRCLE OFFICER MAYANG REVENUE CIRCLE MAYONG DIST. MORIGAON ASSAM 7:THE OFFICER-IN-CHARGE JAGIROAD DIST. MORIGAON ASSAM. 8:THE BLOCK DEVELOPMENT OFFICER MAYONG DEVELOPMENT BLOCK JAGIBHAKATGAON DIST. MORIGAON ASSAM PIN-782411 9:THE JHARGAON GAON PANCHAYAT REP. BY/SECRETARY BARAMPUR JHARGAON DIST . MORIGAON ASSAM PIN-782411 10:DOIBESWAR KELENG S/O. LT. RAMBVAR KELENG 11:BISHNU KELENG S/O. TULAN KELENG 12:PALLAB KELENG S/O LT. UPEN KELENG 13:ANANDA KELENG S/O. LT. BIHURAM KELENG 14:BINU DEURI LT. DEBA KANTA DEURI 11 TO 14 ARE ALL R/O. VILL.- KOTHALGURI P/S. JAGIROAD DIST. MORIGAON ASSAM PIN-78241 Advocate for the Petitioner : MR. B CHAKRAVARTY, MS A BORDOLOI,MR. A K SAIKIA,A SARMA Page No.# 3/4 Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 13.10.2026 1. Heard Mr. B. Chakravarty, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel for the P&RD Department. 2. The limited grievance raised in this writ petition is regarding inaction of the Police authorities to take note of different complaints filed by the petitioner as well as by the Gaon Panchayat. 3. The brief facts of the case is that the Jhargaon Gaon Panchayat took a decision to construct two fishery tank under Special Chief Minister’s Program to provide maximum work for the beneficiaries under MGNREGA. After getting administrative, financial and technical approval, a construction committee was constituted, the work was completed, the completion certificate was issued and the petitioner was allowed to operate the two ponds in terms of a decision taken by the Gaon Panchayat. 4. While the petitioner started running the ponds, a group of individuals started creating trouble and threat to the employees of the petitioner and even set the temporary house on fire and started illegal fishing. 5. Accordingly, the Gaon Panchayat as well as the petitioner filed the FIR before the competent authority. As recorded hereinabove, aggrieved by Page No.# 4/4 their inaction, the petitioner has approached this Court. 6. In the meantime, the investigation was proceeded and after completion of the investigation, the Charge Sheet being Charge Sheet No. 138/2026 dated 26.07.2026 under Sections 191(3)/191(2)/324(5)/351(2)/326(g) of BNSS was filed. 7. The Charge Sheet further reveals that the ponds were under possession of the petitioner for maintenance, upliftment and proper management. 8. Be that as it may, as the Charge Sheet has been filed, this writ petition survives no cause of action. 9. Accordingly, this writ petition stands disposed of. 10. It is needless to say that the police authorities/district administration shall be under their bounden duty to protect the citizens from such miscreants in future too. JUDGE Comparing Assistant