Sri Sri Athkhelia Namghar and 2 Ors. Vs the State of Assam and 15 Ors.

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GAHC010199402022

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2025:GAU-AS:2563

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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)/6571/2022

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SRI SRI ATHKHELIA NAMGHAR AND 2 ORS.

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A RELIGIOUS INSTITUTION, LOCATED AT BOSA GAON, P.O.-PULIKAITONI, P.S.-GHILADHARI, DIST-GOLAGHAT, ASSAM, REPRESENTED BY

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2: KHAGENDRA NATH HAZARIKA PRESIDENT OF SRI SRI ATHKHELIA NAMGHAR PARISCHALANA COMMITTEE S/O LATE TUARAM HAZARIKA BORKACHARI P.O.-BORHOLLA P.S.-GHILADHARI DIST-GOLAGHAT ASSAM

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3: CHAKREN SAIKIA SECRETARY OF SRI SRI ATHKHELIA NAMGHAR PARISCHALANA COMMITTEE S/O LATE BHOLARAM SAIKIA NO. BIJYO NAGAR RAJABARI P.O.-RAJABARI PIN-14 P.S.-LECHUBARI DIST-JORHAT ASSA

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VERSUS

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THE STATE OF ASSAM AND 15 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006

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2:DEPUTY COMMISSIONER CUM DISTRICT MAGISTRATE GOLAGHAT

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P.O.-GOLAGHAT DIST-GOLAGHAT-785621 ASSAM 3:ASSISTANT COMMISSIONER IN THE OFFICE OF THE DEPUTY COMMISSIONER GOLAGHAT P.O.-GOLAGHAT DIST-GOLAGHAT-785621 ASSAM 4:CIRCLE OFFICER GOLAGHAT P.O.-GOLAGHAT DIST-GOLAGHAT-785621 ASSAM 5:ADDITIONAL DISTRICT MAGISTRATE GOLAGHAT P.O.-GOLAGHAT DIST-GOLAGHAT-785621 ASSAM 6:KHAGESWAR BORA S/O LATE BOGORA CHUTIA HORUKACHARI BAMUNCHUK P.O.-PULIKAITONI P.S.-GHILADHARI DIST-GOLAGHAT-785631 ASSAM 7:TONKESWAR SAIKIA S/O DURGESWAR SAIKIA BEBEJIA GAON P.O.-PULIKAITONI P.S.-GHILADHARI DIST-GOLAGHAT-785631 ASSAM 8:HOREN BORA S/O INDRESWAR BORA MOKRONGGHABI GAON P.O.-PULIKAITONI P.S.-GHILADHARI DIST-GOLAGHAT-785631 ASSAM

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9:CHANDRA PATHAK S/O LATE DEOKAN PATHAK FREE SIMPLE GRANT P.O.-BORHOLLA P.S.-GHILADHARI DIST-GOLAGHAT-785631 ASSAM 10:ASHIM KUMAR BORA @ ASHIM BORA S/O DRUNAKANTA BORA BEBEJIA GAON P.O.-PULIKAITONI P.S.-GHILADHARI DIST-GOLAGHAT-785631 ASSAM 11:NITUL SAIKIA S/O PUNA SAIKIA NANGAL GAON P.O.-BORHOLA P.S.-GHILADHARI DIST-GOLAGHAT-785631 ASSAM 12:NAREN BORA S/O KHAGESWAR BORA HORUKACHARI BAMUNCHUK P.O.-PULIKAITONI P.S.-GHILADHARI DIST-GOLAGHAT-785631 ASSAM 13:PURNA BORA S/O LATE JOYGURAM BORA BAMUN GAON KACHARIKURI P.O.-EKRANI P.S.-GHILADHARI DIST-GOLAGHAT-785631 ASSAM 14:DRUNOKANTA BORA @ DURNA BORA S/O LATE BAPURAM BORA BEBEJIA GAON P.O.-PULIKAITONI P.S.-GHILADHARI DIST-GOLAGHAT-785631

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ASSAM

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15:JUGEN SAIKIA S/O LATE BORPITO SAIKIA NO. 2 KAKODONGA HABI GAON 11 NO. BLOCK P.O.-URONGIAL P.S.-BOHOLA DIST-JORHAT ASSAM 16:CHANDRA SAIKIA S/O LATE POWAL SAIKIA P.O.-BORHALLA VILL-BORKACHARIGAON P.S.-GHILADHARI DIST-GOLAGHAT PIN-78563

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Advocate for the Petitioner : MR. R C SAIKIA, MS. N DEY,MR B P BORAH,MS. K SAIKIA

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Advocate for the Respondent : GA, ASSAM, MR. A PHUKAN, SC, GAD,SC, GAD,MR. J BARMAN (r-6 to 16),MR. A BHATTACHARJEE (r-6 to 16),MR. D J KAPIL (r-6 to 16),MR. M NATH (r-6 to 16),MR. J BARMAN (FOR CAVEATOR),MR. J K GOSWAMI (FOR CAVEATOR)

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BEFORE HON’BLE MR. JUSTICE KARDAK ETE

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O R D E R

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Date : 11.03.2025.

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Heard Mr. R.C. Saikia, learned Senior Counsel assisted by Ms. R. Bharali, leaned counsel for the petitioners. Also heard Mr. B.J. Talukdar, learned Additional Senior Government Advocate, Assam, appearing for the respondent nos. 1 to 5 and Mr. M. Nath, learned senior counsel assisted by Mr. A. Bhattacharjee, leaned counsel for the respondent nos. 6 to 16.

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The present writ petition has been instituted by the petitioners assailing the impugned letter dated 19.09.2022, issued by the District Magistrate, Golaghat, whereby the date of handing and taking over of the charge of the Parichalana Committee in respect of the Sri Sri Athkhelia Namghar has been postponed to a future date, to be finalized after discussing with all the stakeholders, in view of the law and order situation. The petitioners have also prayed for a direction to allow the petitioners to enter into the premises of the said Namghar in terms of the orders passed by this Court in the earlier round of proceedings, particularly, the orders dated 01.08.2022, passed in WP(C) No.2358/2022 and 31.08.2022, passed in WP(C) No.5542/2022.

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The petitioners are the President and Secretary of the Managing (Parichalana) Committee of the Sri Sri Athkhelia Namghar in the Golaghat District. There are about 8 (eight) khels and 1857 members.

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It is contended that the petitioners proposed to conduct the Annual General Meeting (in short ‘the AGM’) on 10.11.2021, however same was not allowed. Aggrieved by the said order, the petitioners have approached this Court by filing writ petition. After various proceedings before this Court, finally, this Court has allowed to conduct the AGM and accordingly, the AGM was held on 09.09.2022. According to the petitioners, the AGM was conducted among all the members of the Sri Sri Athkhelia Namghar to select the Namghar Parichalana Committee. However, when the Namghar Parichalana Committee along with around five hundred members tried to enter the Namghar on the next date, the respondent nos. 6 to 16 have illegally obstructed the petitioners from entering into the said Namghar.

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The Deputy Commissioner cum District Magistrate, Golaghat, issued the impugned letter dated 19.09.2022, whereby the handing and taking over of the charge of Managing (Parichalana) Committee of the Sri Sri Athkhelia Namghar in the Golaghat District is sought to be postponed on the ground of law and order situation, which is under challenge in this Writ Petition.

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During the course of hearing, Mr. R.C. Saikia, learned Senior Counsel for the petitioners, Mr. B.J. Talukdar, learned State Counsel appearing for the respondent nos. 1 to 5 and Mr. M. Nath, learned Senior Counsel for the respondent nos. 6 to 16, have agreed and consented that without going into the intricacies of the claims and counter claims of the parties in the present proceedings, this Writ Petition can be disposed of by directing for fresh AGM, by providing opportunity to all the stakeholders, as per the byelaws.

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Having considered the submissions of learned counsel for the parties and perusal of the materials, I find that the impugned letter has been issued, postponing the handing and taking over of the charges of the Parichalana Committee of the Sri Sri Athkhelia Namghar, in view of the prevailing law and order situation back then.

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As fairly submitted by the learned counsel for the parties, and without going into the implicacies of the claims and counter claims of the matter, I deem it appropriate to dispose of this Writ Petition by directing the parties to conduct the AGM by providing opportunity to all the stakeholders, in accordance with the bye laws.

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Accordingly, this Writ Petition is disposed of with a direction to the

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petitioners to conduct the AGM, by providing opportunity to all the stakeholders/members of the Sri Sri Athkhelia Namghar, as per the bye laws of the Committee.

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Considering that the impugned letter dated 19.09.2022 had to be issued in view of prevailing law and order situation at the relevant point of time, the AGM shall be conducted under the supervision of the District Magistrate, Golaghat, after the notice period of 30 (thirty) days.

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It is made clear that the above order is passed on the consent and agreement of the parties led by Mr. R.C. Saikia, learned Senior Counsel for the petitioners, Mr. B.J. Talukdar, learned State Counsel appearing for the respondent Nos. 1 to 5 and Mr. M. Nath, learned Senior Counsel for the respondent Nos. 6 to 16.

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The writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Sri Sri Athkhelia Namghar and 2 Ors. v. the State of Assam and 15 Ors.

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Sri Sri Athkhelia Namghar and 2 Ors. v. the State of Assam and 15 Ors.

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