Gauhati High Court
WP(C)/6429/2025 of AZIAL HOQUE Vs THE STATE OF ASSAM AND 5 ORS. on 21 July 2026
GAHC010242742025 2026:GAU-AS:10109 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6429/2025 AZIAL HOQUE S/O LT. SUBAN SHEIKH, VILL- TAKIMARI, P.O.- HAZIRHAT, P.S.- SUKCHAR, DIST- SOUTH SALMARA- MANKACHAR, ASSAM, PIN-783128 VERSUS THE STATE
GAHC010242742025
2026:GAU-AS:10109
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6429/2025
AZIAL HOQUE
S/O LT. SUBAN SHEIKH, VILL- TAKIMARI, P.O.- HAZIRHAT, P.S.- SUKCHAR, DIST- SOUTH SALMARA- MANKACHAR, ASSAM, PIN-783128
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-6
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
GOVT. OF ASSAM
PANJABARI
JURIPAR
GUWAHATI-37
3:THE DISTRICT COMMISSIONER
SOUTH SALMARA MANKACHAR DISTRICT
HATSINGIMARI
ASSAM
PIN-783135
4:PRESIDENT
SOUTH SALMARA-MANKACHAR ZILLA PARISHAD
HATSINGIMARI
ASSAM
PIN-783135
5:THE CHIEF EXECUTIVE OFFICER
SOUTH SALMARA-MANKACHAR ZILLA PARISHAD
HATSINGIMARI
ASSAM
PIN-783135
6:THE CIRCLE OFFICER
SOUTH SALMARA REVENUE CIRCLE
P.O.- SOUTH SALMARA
DIST- SOUTH SALMARA-MANKACHAR
ASSAM
PIN-78312
For the Petitioner(s) : Mr. I. Hoque, Advocate For the Respondent(s) : Mr. S. Dutta, SC, P&RD
: Mr. M. A. I. Hussain, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 22.07.2026
Heard Mr. I. Hoque, the learned counsel appearing on behalf of the Petitioner and Mr. S. Dutta, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 5. I have also heard Mr. M. A. I. Hussain, the learned counsel appearing on behalf of the Respondent No.4.
2. The grievance of the Petitioner primarily is that an order has been passed by the Additional Secretary to the Government of Assam, P&RD Department on 27.06.2025 without giving the Petitioner an opportunity of hearing.
3. This Court enquired with the learned Standing counsel for the P&RD Department as to whether any opportunity of hearing was granted to the Petitioner prior to passing of the said order dated 27.06.2025. Nothing could be placed on record to show that any opportunity was granted to the Petitioner. Under such circumstances, it is the opinion of this Court that the impugned order dated 27.06.2025 was passed in violation of principles of natural justice which is a facet of Article 21 of the Constitution. Accordingly, the impugned order dated 27.06.2025 passed by the Additional Secretary to the Government of Assam, P&RD Department is set aside and quashed.
4. This Court however observes that the Additional Secretary to the Government of Assam, P&RD Department shall again in compliance to the directions so passed in the order dated 06.02.2025 in WP(C) No.32/2025 dispose of the said appeal by giving an opportunity of hearing to the Petitioner. The said disposal of the appeal be carried out within a period not later than 90 days from the date a certified copy of the present order is served upon the Respondent No.2.
5. It is observed that the period of 90 days so directed hereinabove shall be dependent upon the Petitioner co- operating in the disposal of the appeal.
6. With above observations and directions, the instant writ petition stands disposed of.
JUDGE Comparing Assistant