Dismissed

Pritam Goswami v. the State of Assam and 5 Ors.

Gauhati HC7 Oct 2021WP(C)/5101/2021

Case brief

AI extract

What is this about?

A writ petition alleging that a local MLA constituted construction committees for schemes in violation of State Government guidelines. The Court found no committee was actually formed; the petition was dismissed as devoid of merit but the Government was directed to constitute the committee.

What did the court decide?

The respondents were directed to constitute the construction committee under the Fifteenth Finance Commission Grant guidelines.

Pritam Goswami Vs the State of Assam and 5 Ors. — Writ and Judicial Review | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010151612021

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

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Case No. : WP(C)/5101/2021

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PRITAM GOSWAMI

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S/O- SRI ATUL GOSWAMI, PRESIDENT, BARKHETRI ANCHALIK PANCHAYAT, NARAYANPUR, MUKALMUA, P.O. AND P.S. MUKALMUA, PIN781126, DIST.- NALBARI, ASSAM, CONTACT NO. 9864201606

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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TO BE REP. BY THE PRINCIPAL SECY., TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY-6

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2:THE DIRECTOR OF PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM JURIPAR PANJABARI GHY-22

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3:THE DY. COMMISSIONER NALBARI DISTRICT NALBARI CUM VICE-CHAIRPERSON OF DISTRICT LEVEL ADVISORY/MONITORING COMMITTEE P.O. AND DIST.- NALBARI ASSAM PIN- 781335

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4:THE CHIEF EXECUTIVE OFFICER NALBARI ZILLA PARISHAD NALBARI CUM CHAIRPERSON OF BLOCK LEVEL ADVISORY/MONITORING COMMITTEE P.O. AND DIST.- NALBARI ASSAM PIN- 781335

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Page No.# 2/4

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5:THE EXECUTIVE OFFICER BARKHETRI ANCHALIK PANCHAYAT CUM BLOCK DEVELOPMENT OFFICER BARKHETRI DEVELOPMENT BLOCK NARAYANPUR MUKALMUA P.O. MUKALMUA DIST.- NALBARI ASSAM PIN- 781126 6:DIGANTA BARMAN S/O- LT. BHUMIDHAR BARMAN MLA 60 BARKHETRI ASSEMBLY CONSTITUENCY MLA HOSTEL QUARTER NO. 48 DISPUR GHY-

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Advocate for the Petitioner : MR J H SAIKIA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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07/10/2021

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Heard Mr. J H Saikia, learned counsel for the petitioner and Mr. A Roy, learned Standing counsel, P&RD Department for the respondent Nos. 1, 2, 4 & 5. Also heard Mr. C S Hazarika, learned Government Advocate, Assam for the respondent No. 3.

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Pursuant to the order dated 29.09.2021, the respondents in the Nalbari Zilla Parishad as well as the Barkhetri Anchalik Panchayat have placed the written instructions dated 06.10.2021 and 05.10.2021 respectively before the Court.

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The petitioner claimed that in violation of the Notification of the Panchayat & Rural

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Page No.# 3/4

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Development Department dated 23.11.2020 regarding comprehensive guidelines for implementation of Fifteenth Finance Commission (15^th FC) Grant in respect of Gaon Panchayat, Anchalik Panchayat and Zilla Parishad, the respondent No. 6, the local MLA of 60 No. Barkhetri Legislative Assembly Constituency unilaterally constituted the construction committees against the schemes, namely, (i) construction of market shed near Bhangnamari CHC Medical, (ii) Water Supply Project at Uttar Choidali Char near Jaid Ali’s house both under 64 No. Bhangnamari Gaon Panchayat, (iii) construction of Market Shed at Sunday Market and (iv) construction of concrete culvert near Rabiul Ali’s road both under 65 No. Kurihamari Barsuliha Gaon Panchayat violating the provisions of Clause 4 (2) under A. Gaon Panchayat, which relates to ‘Implementation of Scheme’ of the said Notification dated 23.11.2020 of the State Government in the Panchayat & Rural Development Department.

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The written instructions placed before the Court by the concerned authority clearly reveals that no such construction committee has yet been constituted by the Chief Executive Officer, Nalbari Zilla Parishad against those schemes as stated by the petitioner herein.

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The communication of the Chief Executive Officer, Nalbari Zilla Parishad dated 06.10.2021 also reveals that as on date, no such construction committee has been constituted with regard to the projects involved in this case and clarifying further that any such committee to be constituted shall be on the basis of the comprehensive guidelines for implementation of Fifteenth Finance Commission (15^th FC) Grant as specified by the State Government in the P&RD Department in its Notification under No. PDA.149/2020/33 dated 23.11.2020, that was circulated to all concerned including the member of the Parliament of the Guwahati Parliamentary Constituency and the MLAs of Nalbari district.

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After hearing the learned counsels for the parties and considering the written instructions dated 06.10.2021 and 05.10.2021 placed by the respondents in the Nalbari Zilla Parishad as well as the Barkhetri Anchalik Panchayat and on being found that no such construction committee has been constituted by the Chief Executive Officer, Nalbari Zilla Parishad pertaining to the schemes, noted above, this writ petition, being devoid of merit, stands dismissed.

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Before parting with this case, it is made clear that the respondents in the P&RD Department shall constitute the construction committee for giving benefit of the schemes, noted above, under the Fifteenth Finance Commission (15^th FC) Grant as specified in the Notification No. PDA.149/2020/33 dated 23.11.2020 issued by the Panchayat & Rural Development, Guwahati.

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JUDGE

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Comparing Assistant

Pritam Goswami v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Pritam Goswami v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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