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Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 3 Ors on 3 January, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                               Page No.# 1/4

GAHC010272272023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/7077/2023

         RAGHUNATH HAJONG AND 3 ORS.
         (PRESIDENT OF ALL ASSAM HAJONG JATIYA PARISHAD), S/O- LATE
         DURYODHAN HAJONG, R/O- NALBARI HAJONG GAON, P.O. MAJARBARI
         BUDHBARIA BAZAR, P.S. SILAPATHAR, DIST. DHEMAJI, ASSAM, PIN-
         787059.

         2: NITYANANDA HAJONG
          (AD-HOC PRESIDENT OF ALL ASSAM STUDENTS UNION)
          S/O- PARENDRA HAJONG
          R/O- VILL.- TULSIPAR
          P.O. MAJARBARI BUDHBARIA BAZAR
          P.S. SILAPATHAR
          DIST. DHEMAJI
         ASSAM
          PIN- 787059.

         3: DHANESWAR HAJONG
          (AD-HOC GENERAL SECRETARY OF ALL ASSAM HAJONG STUDENTS
         UNION)
          S/O- LATE AMULYA HAJONG
          R/O- VILL.- KOTHAKUTHI
          PART-6
          P.O. SALPARA
          P.S. DHUPDHARA
          DIST. GOALPARA
         ASSAM

         4: ALIK HAJONG
          (SECRETARY OF ALL ASSAM HAJONG JATIYA PARISHED)
          S/O- SRI BANENDRA HAJONG
          R/O- VILL.- UDALGURI JANGHAL
          P.O. DHANSIRI BAZAR
          P.S. ORANG
          DIST. UDALGURI (BTR)
                                                                    Page No.# 2/4

             ASSA


            VERSUS


            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
            DEPARTMENT OF TRIBAL AFFAIRS (PLAIN), DISPUR, GHY-6, KAMRUP(M),
            ASSAM

            2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
             DEPARTMENT OF WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES
             DISPUR
             GHY-06
             KAMRUP(M)
            ASSAM

            3:SANJIB KUMAR HAJONG
             CHAIRMAN OF THE HAJONG DEVELOPMENT COUNCIL
             R/O- VILL.- JOYRAMPUR
             P.O. JOYRAMPUR
             P.S. BORDOLONI
             DIST. DHEMAJI
            ASSAM
             PIN- 787026.

            4:PARESH CH. HAJONG
            VICE-CHAIRMAN OF THE HAJONG DEVELOPMENT COUNCIL
             R/O- MALTIPURA
             KALTIBARI
             P.O. DHAMAR
             PS. LAKHIPUR
             DIST. GOALPARA
            ASSAM
             PIN- 783129

Advocate for the Petitioner   : MR S C DAS

Advocate for the Respondent : GA, ASSAM
                                                                       Page No.# 3/4




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 03.01.2024 Heard Mr. S.C. Das, learned counsel for the petitioners; and Mr. R. Dhar, learned Standing Counsel, Department of Tribal Affairs for the respondent nos. 1 & 2.

The petitioners are stated to be aggrieved by the manner in which the Hajong Development Council, Assam had been constituted earlier and has been reconstituted again, more particularly, by the reconstitution of the Council vide Notification dated 02.05.2023. The primary allegation of the petitioner is that the same persons are being nominated to the Council time and again.

Mr. Dhar, learned Standing Counsel, Department of Tribal Affairs who had on 13.12.2023 sought time to obtain instructions as regards existence of any guidelines in respect of constitution and composition of Hajong Development Council, has sought for further 3 [three] weeks' time.

Considering the issue involved, let notice be issued. The notice is made returnable in 4 [four] weeks.

As Mr. Dhar, learned Standing Counsel, Department of Tribal Affairs has appeared and accepted notice on behalf of the respondent nos. 1 & 2, no formal notices need to be issued to the said respondents. Mr. Das, learned counsel for the petitioners shall, however, furnish requisite nos. of extra copies of the writ petition along with annexures, to Mr. Dhar within 2 [two] working days from today.

Page No.# 4/4 The petitioners shall take steps for service of notice upon the respondent nos. 3 & 4 by registered post with A/D within 2 [two] working days from today.

JUDGE Comparing Assistant