Gauhati High Court
WP(C)/5318/2026 of SARTAJ AZIZ BARBHUIYA Vs THE STATE OF ASSAM AND 7 ORS on 27 September 2026
GAHC010215342026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5318/2026 SARTAJ AZIZ BARBHUIYA SON OF MOINUL HOQUE BARBHUIYA ,VILLAGE ALGAPUR PART I, POST OFFICE KALIBARI BAZAR, POLICE STATION ALGAPUR, DISTRICT HAILAKANDI, ASSAM,
GAHC010215342026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5318/2026
SARTAJ AZIZ BARBHUIYA
SON OF MOINUL HOQUE BARBHUIYA ,VILLAGE ALGAPUR PART I, POST
OFFICE KALIBARI BAZAR, POLICE STATION ALGAPUR, DISTRICT
HAILAKANDI, ASSAM, PIN-788150.
2: KAMAL UDDIN LASKAR
SON OF SOFIQUL HOQUE LASKAR
VILLAGE BARNAGAD POST OFFICE KALIBARI BAZAR POLICE STATION
ALGAPUR DISTRICT HAILAKANDI
ASSAM
PIN 788150.
3: REHANA PERBIN LASKAR
WIFE OF JASIM UDDIN LASKAR
VILLAGE BARNAGAD
POST OFFICE KALIBARI BAZAR
POLICE STATION ALGAPUR
DISTRICT HAILAKANDI
ASSAM
PIN 788150
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT, DISPUR GUWAHATI 6 ASSAM
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT
OF ASSAM
GUWAHATI
ASSAM.
3:THE DISTRICT COMMISSIONER
HAILAKANDI POST OFFICE AND POLICE STATION HAILAKANDI
DISTRICT HAILAKANDI
ASSAM
PIN 788151.
4:THE CHIEF EXECUTIVE OFFICER
HAILAKANDI ZILLA PARISHAD
POST OFFICE AND POLICE STATION HAILAKANDI
DISTRICT HAILAKANDI
ASSAM
PIN-788151.
5:THE ANCHALIK PANCHAYAT ALGAPUR
REPRESENTED BY ITS PRESIDENT OR EXECUTIVE OFFICER HAVING ITS
OFFICE ALGAPUR
POST OFFICE KALIBARI BAZAR
POLICE STATION ALGAPUR
DISTRICT HAILAKANDI
ASSAM
PIN -788150
6:THE BLOCK DEVELOPMENT OFFICER
ALGAPUR DEVELOPMENT BLOCK
POST OFFICE KALIBARI BAZAR
POLICE STATION ALGAPUR
DISTRICT- HAILAKANDI
ASSAM
PIN-788150.
7:THE PRESIDENT ALGAPUR MOHANPUR GAON PANCHAYAT
POST OFFICE KALIBARI BAZAR
POLICE STATION ALGAPUR
DISTRICT- HAILAKANDI
ASSAM
PIN-788150.
8:THE SECRETARY
ALGAPUR-MOHANPUR GAON PANCHAYAT
POST OFFICE KALIBARI BAZAR
POLICE STATION ALGAPUR
DISTRICT- HAILAKANDI
ASSAM
PIN-788150
For the Petitioner(s) : Mr. S. B. Laskar, Advocate For the Respondent(s) : Mr. S. Dutta, SC, P&RD Deptt.
Mr. R. Talukdar, Govt. Advocate
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
28.09.2026
Heard Mr. S. B. Laskar, the learned counsel appearing on behalf of the Petitioners. Mr. S. Dutta, the learned Standing Counsel appears on behalf of the P&RD Department and Mr. R. Talukdar, the learned counsel appears on behalf of the State Respondents.
2. It is the case of the Petitioner that in respect to the Algapur New Market Complex, First Floor, rooms are sought to be allotted on the basis of an online tender, and since 23.09.2024, the said online tender is no longer available on the website, for which the Petitioners are not in a position to participate. The document which has been enclosed as Annexure-1 to the writ petition does not show as to who is the issuing Authority of the said document in as much as in the last Page of the document which is at Page 26 to the writ petition, there is no mention of the Authority.
3. This Court also finds it relevant to observe that if the Petitioners herein had experienced any difficulty on 23.09.2024, why the Petitioners have not approached the Authorities intimating about the technical glitch in the website for which the Petitioners have not been able to participate. The Petitioners however had no difficulty in approaching this Court by filing the writ petition on 25.09.2026. 4 Considering the above, it is the opinion of this Court that this is not a fit case which should be entertained, for which the writ petition stands dismissed.
5. Be that as it may, taking into account that at the time when this Court has passed the order there is still time till 2:00 PM, it shall not be a bar on the part of the Petitioners to submit a representation before the Authorities informing about the technical glitch. It is further observed that if, in the circumstances, the Petitioners establish a technical glitch for which the Petitioners could not participate, it shall not be a bar upon the Petitioners to approach this Court.
JUDGE Comparing Assistant