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2026 DAILYLAW 8091 (GAU)

SHEIKH AMIR HAMJA v. THE STATE OF ASSAM AND ORS

WP(C)/5977/2025 · 2026-06-09

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010229142025 2026:GAU-AS:8282 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5977/2025 SHEIKH AMIR HAMJA S/O RO VILLAGE KATHALDI PT II, PO AND PS BILASIPARA, DIST DHUBRI, ASSAM, PIN 783348 VERSUS THE STATE OF ASSAM AND ORS TO BE REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GHY 6 2:THE DHUBRI ZILLA PARISHAD REPRESENTED BY CHIEF EXECUTIVE OFFICER DIST DHUBRI ASSAM PIN 783301 3:THE NAYERALGA ANCHALIK PANCHAYAT REPRESENTED BY THE EXECUTIVE OFFICER PO BILASIPARA DIST DHUBRI ASSAM PIN 783348 4:THE SECRETARY CHAR HATIPOTA GAON PANCHAYAT PO AND PS BILASIPARA DIST DHUBRI ASSAM PIN 783348 5:THE GENERAL STANDING COMMITTEE Page No.# 2/3 CHAR HATIPOTA GAON PANCHAYAT REPRESENTED BY CHAIRMAN CUM PRESIDENT OF CHAR HATIPOTA GAON PANCHAYAT PO AND PS BILASIPARA DIST DHUBRI ASSAM PIN 78334 For the Petitioner(s) : Md. H. R. Ahmed, Advocate For the Respondent(s) : Ms. N. Borah, SC, P&RD Deptt. BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 10.06.2026 Heard Mr. H. R. Ahmed, the learned counsel appearing on behalf of the Petitioner. Ms. N. Borah, the learned counsel appears on behalf of the P&RD Department. 2. The Petitioner herein was aggrieved by the cancellation of the tender pertaining to Kazaikata Part II Parghat on the ground that the Respondent No.3 had no authority or jurisdiction to cancel the tender in view of Section 106 of the Assam Panchayat Act, 1994. It was also the case of the Petitioner that the basis on which the Petitioner was also held that the Petitioner was not entitled to on account of the pendency of a case being PRC Case No.488/2022 had no relevance to the cancellation of the tender. Page No.# 3/3 However, it is duly taken note that the settlement period ends on 30.06.2026 and this Court had passed an interim order on 17.10.2025 staying the operation of the impugned order and directed the Anchalik Panchayat to run the said Parghat in terms with Section 106 of the Assam Panchayat Act, 1994. 3. Taking into account that the settlement period is coming to an end and the submission made by Ms. N. Borah, the learned Standing Counsel of the P&RD Department that w.e.f. 01.07.2026, there would be a fresh settlement period, it is the opinion of this Court that any decision in the present proceedings would not have any consequences in as much as even as on date, if there is a direction for issuance of a fresh tender, the period for the notice would be insufficient. 4. Accordingly, this Court closes the instant writ petition. 5. It is, however, observed that the interim order passed in the instant proceedings shall continue till 30.06.2026. JUDGE Comparing Assistant