Gauhati High Court

WP(C)/5977/2025 of SHEIKH AMIR HAMJA Vs THE STATE OF ASSAM AND ORS on 9 June 2026

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GAHC010229142025 2026:GAU-AS:8282 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5977/2025 SHEIKH AMIR HAMJA S/O RO VILLAGE KATHALDI PT II, PO AND PS BILASIPARA, DIST DHUBRI, ASSAM, PIN 783348 VERSUS THE STATE OF ASSAM AND ORS TO BE

GAHC010229142025

2026:GAU-AS:8282

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5977/2025

SHEIKH AMIR HAMJA

S/O RO VILLAGE KATHALDI PT II, PO AND PS BILASIPARA, DIST DHUBRI, ASSAM, PIN 783348

VERSUS

THE STATE OF ASSAM AND ORS

TO BE REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE

GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT

DEPARTMENT, DISPUR, GHY 6

2:THE DHUBRI ZILLA PARISHAD

REPRESENTED BY CHIEF EXECUTIVE OFFICER

DIST DHUBRI

ASSAM

PIN 783301

3:THE NAYERALGA ANCHALIK PANCHAYAT

REPRESENTED BY THE EXECUTIVE OFFICER

PO BILASIPARA

DIST DHUBRI

ASSAM

PIN 783348

4:THE SECRETARY

CHAR HATIPOTA GAON PANCHAYAT

PO AND PS BILASIPARA

DIST DHUBRI

ASSAM

PIN 783348

5:THE GENERAL STANDING COMMITTEE

CHAR HATIPOTA GAON PANCHAYAT

REPRESENTED BY CHAIRMAN CUM PRESIDENT OF CHAR HATIPOTA

GAON PANCHAYAT

PO AND PS BILASIPARA

DIST DHUBRI

ASSAM

PIN 78334

For the Petitioner(s) : Md. H. R. Ahmed, Advocate For the Respondent(s) : Ms. N. Borah, SC, P&RD Deptt.

BEFORE

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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O R D E R

10.06.2026

Heard Mr. H. R. Ahmed, the learned counsel appearing on behalf of the Petitioner. Ms. N. Borah, the learned counsel appears on behalf of the P&RD Department.

2. The Petitioner herein was aggrieved by the cancellation of the tender pertaining to Kazaikata Part II Parghat on the ground that the Respondent No.3 had no authority or jurisdiction to cancel the tender in view of Section 106 of the Assam Panchayat Act, 1994. It was also the case of the Petitioner that the basis on which the Petitioner was also held that the Petitioner was not entitled to on account of the pendency of a case being PRC Case No.488/2022 had no relevance to the cancellation of the tender.

However, it is duly taken note that the settlement period ends on 30.06.2026 and this Court had passed an interim order on 17.10.2025 staying the operation of the impugned order and directed the Anchalik Panchayat to run the said Parghat in terms with Section 106 of the Assam Panchayat Act, 1994.

3. Taking into account that the settlement period is coming to an end and the submission made by Ms. N. Borah, the learned Standing Counsel of the P&RD Department that w.e.f. 01.07.2026, there would be a fresh settlement period, it is the opinion of this Court that any decision in the present proceedings would not have any consequences in as much as even as on date, if there is a direction for issuance of a fresh tender, the period for the notice would be insufficient.

4. Accordingly, this Court closes the instant writ petition.

5. It is, however, observed that the interim order passed in the instant proceedings shall continue till 30.06.2026.

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