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2016 DIGILAW 264 (GAU)

ABDUR ROHIM JODDAR v. STATE OF ASSAM

2016-04-04

AJIT SINGH, SUMAN SHYAM

body2016
JUDGMENT : Ajit Singh, J. Heard on admission. In the present Public Interest Litigation, the case of petitioners is that Dhubri District had three Sub-Divisions, namely, (a) Dhubri (Sadar), (b) Bilasipara and (c) South Salmara-Mankachar. On 15th August, 2015, it was announced that for smooth administration, South Salmara Mankachar Sub-division will be demarcated as a new administrative district in the State of Assam. By a notification dated 25.1.2016 sanction is given to form the said new administrative district to be known as “South Salmara- Mankachar District” comprising the whole area of South Salmara Sub-Division except area of Fakirganj Zila Parishad constituency and except Birsingh Jarwa and Jamadarhat Development Block with head quarter at Hatsingimari. According to petitioners they belong to two different Goan Panchayats – Mohrirchar Goan Panchayat and Nilokhiya Goan Panchayat which fall under Birsingh Jarwa Development Block. It is averred that these two Goan Panchayats are very near and easily accessible to newly created South Salmara-Mankachar District, but by the impugned notification dated 25.1.2016 they have been kept in Dhubri District. The petitioners submit that although public has made representations to the respondent authorities to include Mohrirchar Goan Panchayat and Nilokhiya Goan Panchayat in the newly created South Salmara-Mankachar District, same have fallen into deaf ears. The main ground of petitioners for making a prayer to include Mohrirchar Goan Panchayat and Nilokhiya Goan Panchayat in the newly created South Salmara-Mankachar District is convenience of public. But in which District, Goan Panchayats - Mohrirchar and Nilokhiya should be kept, it is for the State Government to decide. The High Court cannot direct the State Government under Article 226 of the Constitution to include these two Goan Panchayats in the newly created South Salmara-Mankachar District. We, therefore find no good ground to entertain the present Public Interest Litigation. It is accordingly dismissed.