Gauhati High Court
WP(C)/4540/2026 of MAJEDA KHATUN AND ORS Vs THE STATE OF ASSAM AND ORS on 25 August 2026
GAHC010177532026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4540/2026 MAJEDA KHATUN AND ORS ANCHALIK PANCHAYAT MEMBER FROM KHATONIAPARA GAON PANCHAYAT W/O.- IBRAHIM ALI IBRAHIM ALI PRADHANI A RESIDENT OF VILLAGE- HIRAPARA,
GAHC010177532026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4540/2026
MAJEDA KHATUN AND ORS
ANCHALIK PANCHAYAT MEMBER FROM KHATONIAPARA GAON
PANCHAYAT W/O.- IBRAHIM ALI IBRAHIM ALI PRADHANI A RESIDENT OF
VILLAGE- HIRAPARA, P.O.- DHULA, DIST.- DARRANG, ASSAM.
2: INAMUL HAQUE
ANCHALIK PANCHAYAT MEMBER FROM BAHBARI GAON PANCHAYAT
S/O.- ABU TALEB A RESIDENT OF VILL.- BAHBARI
P.O.- KHARUPETIA DIST.- DARRANG
3: ARJINARA BEGUM
ANCHALIK PANCHAYAT MEMBER FROM NAGAZAN GAON PANCHAYAT A
RESIDENT OF VILL.- NIZ. BARUAJHAR
P.O.KUWARIPUKHURI
DARRANG
ASSAM.
4: KHAIRUL ISLAM
ANCHALIK PANCHAYAT MEMBER FROM SHYAMTILA GOAN PANCHAYAT
S/O.- AMSER ALI A RESIDENT OF VILL.-NO. 1 DHANSHIRI KASH
P.O.- SHYAMTILA
P.S.- DHULA
DIST.- DARRANG
ASSAM
PIN-784190
5: JIARUL HOQUE
ANCHALIK PANCHAYAT MEMBER FROM BALABARI GAON PANCHAYAT
S/O.-SULEMAN HOQUE A RESIDENT OF VILL.- NO. 2 THEKERABARI
P.O. -DHULA
DIST.- DARRANG
ASSAM
PIN-784146
6: NARZIMA BEGUM
ANCHALIK PANCHAYAT MEMBER FROM SHERPUR GOAN PANCHAYAT
W/O.- MAFIJUL HOQUE A RESIDENT OF VILL.- BAGDIA
P.O.- DHULA
DIST.- DARRANG
ASSAM
PIN-784190
7: CHAINA KHATUN
ANCHALIK PANCHAYAT MEMBER FROM DHARIAKHAITI GOAN
PANCHAYAT W/O.- PARAN ALI A RESIDENT OF VILL.- APARIA N.C.
P.O.- MANGALDAI
P.S.- MANGALDAI
DIST.- DARRANG
ASSAM
PIN784125.
8: SAMIRON NESSA
ANCHALIK PANCHAYAT MEMBER FROM NANGLI GAON PANCHAYAT
W/O- SHAHIL ALI A RESIDENT OF NO.3 NANGLI
P.O.- MANGALDOI
DIST.- DARRANG
ASSAM
PIN-784125
VERSUS
THE STATE OF ASSAM AND ORS
TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF ASSAM, PANCHAYAT, AND RURAL DEVELOPMENT
DEPARTMENT DISPUR, GUWAHATI-6.
2:THE DISTRICT COMMISSIONER
DARRANG
MANGALDAI
DISTDARRANG
ASSAM
PIN-784125
3:THE DARRANG ZILLA PARISHAD
MANGALDOI TO BE REPRESENTED BY ITS CHAIRMAN
P.O- MANGALDOI
DISTDARRANG
ASSAM
PIN-784125
4:THE CHIEF EXECUTIVE OFFICER
DARRANG
ZILLA PARISHAD
MANGALDOI
DIST- DARRANG
ASSAM
PIN-784125
5:THE EXECUTIVE OFFICER
DALGAON - SIALMARI ANCHALIK PANCHAYAT
KHARUPETIA
DIST.- DARRANG
ASSAM.
6:MUSTAK AHMED
S/O- MUSLIMMUDDIN AHMED VILL-KHETASWAR
P.O- KHARUPETIA DIST-DARRANG
ASSAM
PIN7.
7:RUSTAM ALI
S/O- IT. SAMSU HAQUE VILL-ALIKASH
P.O- GHANSIMULI DIST-DARRANG
ASSAM
PIN8.
8:NUR HUSSAIN
S/O- LT. JAINUDDIN VILL- KHARUPETIA WARD NO. 2 P.O- KHARUPETIA
DIST-DARRANG ASSAM
PIN
Advocate for the Petitioner : MR. S. ALOM, MR N Z CHOUDHURY
Advocate for the Respondent : GA, ASSAM, MR. M HUSSAIN(R8),FOR CAVEATOR,MR. K
KALITA,MR. A SARMA,SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
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ORDER
26.08.2026 Heard Shri A. R. Bhuyan, learned Senior Counsel assisted by Shri S. Alom, learned counsel for the petitioners who has put to challenge the action of the
Darrang Zilla Parishad in making temporary settlement of 3 markets. The primary ground of challenge is that for settlement the value of which is less than Rs. 10 lakhs, the jurisdiction would lie on the concerned Anchalik Parishad. Also heard Shri S. Dutta, learned Standing Counsel, P&RD and Shri A. Sarma, learned counsel for the respondent no. 8 who has filed a Vakalatnama. At the outset, this Court has noticed that the cause of action which has been sought to be raised is primarily of the Anchalik Panchayat. Though the petitioners claim to be the members of the Anchalik Panchayat as well as the Standing Committee, in the opinion of this Court, the aggrieved party to espouse the cause of action has to be the concerned Anchalik Panchayat. At this stage, the learned Senior Counsel for the petitioners prays for withdrawal of the writ petition with liberty to file a fresh by the appropriate person. Writ petition is accordingly dismissed on withdrawal with liberty as prayed for.
JUDGE Comparing Assistant