Gauhati High Court
Rahimuddin Barbhuiya And 5 Ors vs The State Of Assam And 6 Ors on 17 February, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/3
GAHC010025232020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1128/2020
1:RAHIMUDDIN BARBHUIYA AND 5 ORS.
S/O. LT. GULE AHMED BARBHUIYA, VILL. RANGPUR PART-V, P.O.
RANGPUR SOUTH, DIST. HAILAKANDI, ASSAM.
2: NAZMA BEGUM BARBHUIYA
W/O. NAZRUL ISLAM
VILL. RANGPUR PART-VI
P.O. RANGPUR SOUTH
DIST. HAILAKANDI
ASSAM.
3: HASCHINA BEGUM SAK
D/O. LT. HARIB ALI SAK
VILL. MAHAMMUDPUR PART-II
P.O. RANGPUR SOUTH
DIST. HAILAKANDI
ASSAM.
4: MINARA BEGUM LASKAR
S/O. BADRUL HOQUE SHAKH
VILL. MAHMMUDPUR PART-I
P.O. RANGPUR SOUTH
DIST. HAILAKANDI
ASSAM.
5: SAMIM BAHAR BARNHUIYA
S/O. NABIR UDDIN BARBHUIYA
VILL. RANGPUR PART-II
P.O. RANGPUR SOUTH
DIST. HAILAKANDI
ASSAM.
6: HUSNARA BEGUM LASKAR
W/O. JAMAL UDDIN BARBHUIYA
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VILL. RANGPUR PART-V
P.O. RANGPUR SOUTH
DIST. HAILAKANDI
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-06.
2:THE DY. COMMISSIONER
HAILAKANDI
DIST. HAILAKANDI
ASSAM.
3:THE HAILAKANDI ZILLA PARISHAD
TO BE REP. BY THE CHAIRMAN
HAILAKANDI
DIST. HAILAKANDI
ASSAM.
4:THE CHIEF EXECUTIVE OFFICER
HAILAKANDI ZILLA PARISHAD
DIST. HAILAKANDI
ASSAM.
5:THE BLOCK DEVELOPMENT OFFICER
LALA DEVELOPMENT BLOCK
DIST. HAILAKANDI
ASSAM.
6:ABDUL HUSSAIN LASKAR
THE PRESIDENT OF MAHAMMEDPUR JOYKRISHNAPUR GAON
PANCHAYAT
VILL. MAHAMMEDPUR PART-I
P.O. RANGPUR SOUTH
DIST. HAILAKANDI
ASSAM.
7:BIREN SINGH
THE SECRETARY
MAHAMMEDPUR JOUKRISHNAPUR GAON PANCHAYAT
VILL. MAHAMMEDPUR PART-I
P.O. RANGPUR SOUTH
DIST. HAILAKANDI
ASSAM
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Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : SC, PNRD
BEFORE THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA 17.02.2020 Heard Mr. A R Bhuyan, learned counsel for the petitioners.
The petitioners are aggrieved against the subsequent changes brought in some of the scheme for implementation under 14 th Finance Commission as per recommendation of Gaon Sabha in the year of 2016-2017 and 2017-2018 under Mahammedpur-Joykrishnapur Gaon Panchayat as alleged by the respondent No. 6 after being elected as President of the said Panchayat. The subsequent changes was not approved by the concerned Gaon Sabha and as such the petitioners are aggrieved.
Let notice be issued. Mr. A Bhattacharjee, learned standing counsel accepts notice on behalf of Respondent Nos. 1,3,4 and 5. Mr. G Pegu, learned Government Advocate accepts notice on behalf of respondent No. 2. Petitioners shall take step on the private respondent Nos. 6 and 7 by way of registered post with A/D within a period of three days from today. Necessary extra copies be served on the learned counsel.
Notice is made returnable on 20.04.2020.
Petitioners sought for interim relief in the form of restraining the respondents from carrying out the modified schemes for its implementation. However, the same shall be taken into consideration on the next returnable date.
JUDGE Comparing Assistant