ZAKIR HUSSAIN SARKAR AND 21 ORS. v. HEMEN DAS AND 5 ORS.
Cont.Cas(C)/239/2020 · 2026-05-05
Devashis Baruah
body2026
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[ 2026 DAILYLAW 6622 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6622 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/9 GAHC010085472020
2026:GAU-AS:6199
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/239/2020 ZAKIR HUSSAIN SARKAR AND 21 ORS. PRESIDENT, GAURIPUR ANCHALIK PANCHAYAT, S/O LT. ABDUS SAMAD SK, VILL. AND P.O. TISTARPAR, P.S. AND DIST. DHUBRI, ASSAM, PIN-783324 2: MAINUL HOQUE BEPARI MEMBER GAURIPUR ANCHALIK PANCHAYAT S/O LT. PADU SK VILL. BINNASARA P.O. BALADOBA P.S. AND DIST. DHUBRI ASSAM PIN-783324 3: ABDUL AZIZ MEMBER GAURIPUR ANCHALIK PANCHAYAT S/O LT. HOQUE ALI VILL. TIYAMARI AJKHANDAP.O. P.S. AND DIST. DHUBRI ASSAM PIN-783324 4: MANJILA BIBI MEMBER GAURIPUR ANCHALIK PANCHAYAT W/O MOSLEM UDDIN P.O. AND VILL. JHOGRARPAR
P.S. AND DIST. DHUBRI ASSAM PIN-783325 5: CHAMIYA BIBI MEMBER GAURIPUR ANCHALIK PANCHAYAT W/O AMINUR ISLAM
Page No.# 2/9 VILL. KUNTIRASAR P.O. P.S. AND DIST. DHUBRI ASSAM PIN-783325 6: ALTAF HUSSAIN MEMBER GAURIPUR ANCHALIK PANCHAYAT S/O LT. AKBAR ALI VILL CHAGALCHARA PART-I P.O. P.S. AND DIST. DHUBRI ASSAM PIN-783324 7: WAHIDA PARVIN MEMBER GAURIPUR ANCHALIK PANCHAYAT W/O NAIB ALI PARAMANIK VILL. GACHPARA P.O. TISTARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783324 8: RUBINA KHATUN MEMBER GAURIPUR ANCHALIK PANCHAYAT W/O RAFIKUL HOQUE VILL. SASTARGHAT PART-II P.O. SASTARGHAT P.S. AND DIST. DHUBRI ASSAM PIN-783325 9: ABDUL JABBAR MEMBER GAURIPUR ANCHALIK PANCHAYAT S/O LT. KASHEM ALI VILL. KACHUYARKHAS P.O. TISTARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783324 10: RASMISA KHATUN BIBI PRESIDENT DEBITOLA ANCHALIK PANCHAYAT W/O JUL MAHAMMAD SK VILL. JHALERALGA PART-I P.O. SOUTH GERAMARI
Page No.# 3/9 P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 11: SANOWAR HUSSAIN VICE PRESIDENT DEBITOLA ANCHALIK PANCHAYAT S/O ABDUL AZIZ SAK VILL. GHAGERALGA PART-I P.O. GERAMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339 12: LALCHAN MONDAL MEMBER DEBITOLA ANCHALIK PANCHAYAT S/O LT. KASHEM ALI MONDAL VILL. BAGMARI P.O. SOUTH GERAMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 13: FIROZA BEGUM MEMBER MEMBER DEBITOLA ANCHALIK PANCHAYAT W/O LOTFOR RAHMAN VILL. MATIYABAG P.O. SHILARPAR P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 14: USUFA KHATUN MEMBER MEMBER DEBITOLA ANCHALIK PANCHAYAT W/O FOMIR UDDIN SK VILL. GERAMARI PART-I P.O. GERAMARI P.S. GAURIPUR
Page No.# 4/9 DIST. DHUBRI ASSAM PIN-783339 15: AHAD ALI SK MEMBER MEMBER DEBITOLA ANCHALIK PANCHAYAT S/O LT. NOWSAD ALI SK VILL. GEREMARI PART-IV P.O. ALAMGANJ P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339 16: SHAHANARA BENUN PRESIDENT JAMADARHAT ANCHALIK PANCHAYAT W/O ALOM KHAN VILL. SUNDARPARA PART-I P.O. JAMADARHAT P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-783330 17: JEL HOUQE VICE PRESIDENT JAMADARHAT ANCHALIK PANCHAYAT
S/O SIRAZ UDDIN VILL. TARANGAJHAR P.O. JAMADARHAT P.S. FAKRIGANJ DIST.
DHUBRI ASSAM PIN-78333 18: KABEL KAZI MEMBER JAMADARHAT ANCHALIK PANCHAYAT
S/O HAKIM UDDIN KAZI VILL. PORAVITA
P.O. JAMADARHAT P.S. FAKRIGANJ DIST. DHUBRI
Page No.# 5/9 ASSAM PIN-783330 19: NUR BHANU MEMBER JAMADARHAT ANCHALIK PANCHAYAT
W/O HABBAR RAHMAN VILL. MAIRAKUCHI PART- I P.O. AIRKATA P.S. FAKRIGANJ DIST. DHUBRI ASSAM PIN-783330 20: SOFIA SULTANA MEMBER JAMADARHAT ANCHALIK PANCHAYAT W/O HABIBAR RAHMAN VILL. DINGDINGA P.O. CHIRAKUTI
P.S. FAKRIGANJ DIST. DHUBRI ASSAM PIN-783330 21: MOHAMMAD SOKER MEMBER JAMADARHAT ANCHALIK PANCHAYAT
S/O FAJAR ALI VILL. GODAR BHITA P.O. MEDORTARYP.S. FAKRIGANJ DIST. DHUBRI ASSAM PIN-783330 22: MAIYORI KHATUN MEMBER JAMADARHAT ANCHALIK PANCHAYAT
D/O MADARI SHEIKH VILL. MEDORTARY P.O. MEDORTARY P.S. FAKRIGANJ DIST. DHUBRI ASSAM
Page No.# 6/9 PIN-78333 VERSUS HEMEN DAS AND 5 ORS. ACS, COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., ASSAM, PANJABARI, JURIPAR, GUWAHATI-781037. 2:ANANTA LAL GAYARI THE DY. COMMISSIONER DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM PIN-783301. 3:PURABI KONWAR THE CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN-783301. 4:KHABIR UDDIN AHMED THE EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER GAURIPUR DEVELOPMENT BLOCK P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331. 5:SON PRISHNA GHAR PHALIA THE EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER DEBITOLA DEVELOPMENT BLOCK P.O. DEBITOLA P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339. 6:ABDUR RAHMAN MANDAL THE EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER JAMADARHAT DEVELOPMENT BLOCK P.O. CHIRAKUTI P.S. FAKIRGANJ DIST. DHUBRI
Page No.# 7/9 ASSAM PIN-783330 For the Petitioner(s) : None appears. For the Respondent(s) : Mr. M. Nath, Sr. Advocate : Mr. A. Bhattacharjee, Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER Date : 06.05.2026
None appears on behalf of the Petitioners on call.
2. Mr. M. Nath, the learned Senior counsel assisted by Mr. A. Bhattacharjee, the learned counsel appears on behalf of the Respondent No.1. None has appeared on behalf of the other Respondents.
3. This is an application filed for initiating contempt proceedings for willful and deliberate violation to the order dated 04.10.2019 passed in WP(C) No.7512/2019 whereby the learned Coordinate Bench of this Court had directed the Respondent Nos. 3, 4 and 5 in the said proceedings to verify as to whether the Petitioners therein had rendered services as President, Vice-President and Members of the different wards of the various Anchalik Panchayats under the Dhubri Zilla Parishad and if it is found that they had rendered services as per their
Page No.# 8/9 claim, they be paid the due remuneration for the period of service rendered by them.
4. Mr. M. Nath, the learned Senior counsel appearing on behalf of the Respondent No.1 submitted that the Respondent No.1 had already been transferred out of the P&RD Department in the year 2021 itself and retired on 31.01.2022. The learned Senior counsel further submitted that at the time when the Respondent No.1 was there, there was an order being passed by the Respondent No.1 thereby directing the Chief Executive Officer, Dhubri Zilla Parishad to take immediate necessary steps for providing the pending honorarium to the PRI representatives i.e. the Petitioners under the Debitola Anchalik Panchayat, Jamadarhat Anchalik Panchayat and Gauripur Anchalik Panchayat as per the directions passed by this Court in the
order dated 04.10.2019 in WP(C) No. 7512/2019. In that regard, the learned Senior counsel has placed before this Court the order dated 04.09.2020 which is kept on record and marked with the letter “X”.
5. This Court also finds it pertinent to take note of that on 16.10.2023, the fact that the Respondent No.1 had already been transferred from the P&RD Department and subsequently retired was brought to the notice of this Court and the said aspect was duly recorded. The counsel for the Petitioners
Page No.# 9/9 thereupon took time for filing appropriate application. Almost 3 (three) years have passed by, but till date, no steps in that regard have been taken.
6. It is the opinion of this Court that without taking steps for filing application seeking impleadment of the present incumbents, the present contempt proceedings cannot be brought to a logical conclusion.
7. Accordingly, the instant contempt proceedings stands dropped.
JUDGE Comparing Assistant