JUDGMENT : KAUSHIK GOSWAMI, J. Heard Ms. A. Begum, learned counsel appearing for the petitioner. Also heard Mr. R.R. Gogoi, learned Standing counsel, PHE department. 2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner, inter alia is seeking a writ in the nature of mandamus to direct the respondent No.1 i.e. the State of Assam represented by the Secretary to the Government of Assam, Public Health Engineering Department, Dispur, Guwahati- 6 to engage the petitioner as Grade-IV employee permanently either at Datial Bori Pipe Water Supply Scheme, Morigaon district Part under Dhing (PHE) Division, Nagaon or in any other Pipe Water Supply Scheme under said Dhing (PHE) Division Nagaon, Assam. 3. The brief facts of the case as stated in the writ petition is that on being approached by the respondent authority, the father of the petitioner i.e. Late Abdul Samad, the owner and possessor of the A-Schedule land donated a portion i.e. 1 Bigha Schedule-B land of said land to the respondent authority and the said authority constructed office house and run the office of Datialbori Pipe Water Supply Scheme, Morigaon district Part under Dhing (PHE) Division, Nagaon. It is the specific case of the writ petitioner that as per the oral agreement, the respondent authority ought to have engaged either the father of the petitioner or his family member to any Grade-IV post in the said scheme under the department. 4. It is the further specific case of the writ petitioner that since the department did not appoint or engage any of them in the said scheme and subsequently the Schedule-B land was mutated in the name of the department, the petitioner being the only interested eligible son of his father, represented before the authorities for appointment. 5. It is the further specific case of the writ petitioner that in the year 2015, the User’s Committee under the department engaged the petitioner and directed him to work as volunteer in the said scheme and accordingly, the petitioner has been working as such in the said scheme since 15.12.2015. However, till date, he has not been given any remuneration for such work. 6. It is the specific grievance of the writ petitioner that the User’s Committee illegally did not absorb the petitioner in a permanent post. 7. Ms. However, till date, he has not been given any remuneration for such work. 6. It is the specific grievance of the writ petitioner that the User’s Committee illegally did not absorb the petitioner in a permanent post. 7. Ms. A. Begum, learned counsel for the petitioner submits that since the User’s Committee had engaged the petitioner’s service, the petitioner is entitled to be permanently absorbed in Grade-IV post. 8. Per-contra, Mr. R.R. Gogoi, learned Standing Counsel, PHE submits that the petitioner having been initially engaged by a Water User Committee, which is not an instrumentality of the State, the present writ petition is not maintainable. 9. I have heard the learned counsel appearing for the parties at length and perused the materials available on record. 10 . Paragraph 3 to 11 of the writ petition is reproduced herein below for ready reference:- 3.That the Government of Assam, Public Health Engineering Department, was in search of a plot of land for construction of a permanent pacca house for the purpose of running the Datial Bori Pipe water Supply Scheme, Morigaon District part under Dhing (PHE) Division, Nagaon, Assam. With this end in view the said department approached the father of the petitioner namely, Abdul Samad for that purpose. The said department orally agreed to the father of the petitioner that if he allowed a portion of schedule A land for the said purpose of construction then the department would provide a job to any of his family member in the said water supply scheme. With that oral understanding from both sides the father of the petitioner donated a portion of A- Scheduled land measuring 1 Bigha to the said department which is described in detailed in Schedule-B of this petition and hereinafter referred as Schedule-B Land in short and handed over possession of the Schedule-B land to the department and subsequently the Schedule-B land was mutated in the name of the department. 4. That presently the value of the B- Schedule land is about 40 lakhs Rupees. 5. That accordingly said proposed house was constructed on the Schedule-B land but the said Department did not engage neither the father of petitioner nor any of his family members. 4. That presently the value of the B- Schedule land is about 40 lakhs Rupees. 5. That accordingly said proposed house was constructed on the Schedule-B land but the said Department did not engage neither the father of petitioner nor any of his family members. The petitioner being the only eligible interested son of his father approached pillar to the post of the department to get any Grade IV post in the said water supply scheme under said department without in vain. In the year 2015 the User's Committee constituted by the village people under the department engaged the petitioner and asked him to work as volunteer in the said water supply scheme. Accordingly the petitioner has been working as such in the said scheme since 15.12.2015 till date but he was not given any remuneration for his work till date. Another person namely, Md. Elimul Haque son of Saiful Islam who was also engaged as volunteer and has been working as such along with the petitioner in the said Water Supply Scheme from the same date of engagement of the petitioner.(It is pertinent to mention here that said Saiful Islam has been working as Khalasi in the said water supply Scheme). The petitioner collect a list of workers engaged by the User's Committee, Casual Labour engaged by the department for maintenance of Pipe water supply scheme under Dhing (PHE) Division where the name of the petitioner placed at serial no.2 along with said volunteer namely, Md. Elimul Haque. 6. That it is a matter of great regret that recently on the recommendation of the said user's committee( Responent No.4) the respondent No.3 illegally depriving the petitioner allowed Md. Elimul Haque the respondent No.5 to work as 'Jolmitra' the only Grade-IV post available in the said Scheme. It is pertinent to mention here that the User's Committee is a public body only they can recommend the name of private respondent no.5 and that recommendation is not final for regular appointment of respondent no.5. The respondent No. 3 is to issue a formal appointment letter to the private respondent no.5 then and then only private respondent no.5 he will get salary from the Government. As on date the respondent No.3 has not issue any formal order in favour of the private respondent no.5. The respondent No. 3 is to issue a formal appointment letter to the private respondent no.5 then and then only private respondent no.5 he will get salary from the Government. As on date the respondent No.3 has not issue any formal order in favour of the private respondent no.5. It is bonafidely required to direct the respondent no.3 in particular and other official respondents in general not to issue any appointment letter to the private respondent no.5 as 'Jalmitra" till disposal of this writ petition otherwise the authority may issue appointment order to private respondent no.5 during pendency of this writ petition and in that case the writ petition shall become infructous. The balance of convenience is tilted in favour of the petitioner because he has better claim over the said post on the facts and circumstances of the case. 7. That the petitioner states that he has better claim on the said post of 'Jolmitra" then the private respondent no.5. 8. That the Schedule B land was mutated in the name of said department as stated above. No compensation was paid to the father of the petitioner in respect of B-Schedule land. The Schedule-B land was not acquired by the said department under the Land Acquisition Act, 1894, (now repeal by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013. 9. That the father of the petitioner died in the year 2012. After the death of his father also the petitioner times and again approached to the respondent authority namely, Addl. Chief Engineer, PHE Deptt, Nagaon, Assam and the Executive Engeneer, PHE Deptt., Dhing (PHE) Division, Assam and requested them to engage him in any Grade -IV post under said department in the said scheme for his survival but he was not engaged as such till date. Finding no alternative the petitioner filed representation before the respondent No.1 on 22/05/2023 with a prayer to engage him in any Grade-IV post under the A department but the said Respondent did not dispose of said representation till date. Hence this writ petition. 10. That the petitioner has other three siblings namely Moinul Hoque, Faizul Hoque and Nurjahan Begum and nobody has any objection if the said department appoint the petitioner in any grade-IV post in any Water Supply Scheme under Dhing (PHE) Division under said department. 11 . Hence this writ petition. 10. That the petitioner has other three siblings namely Moinul Hoque, Faizul Hoque and Nurjahan Begum and nobody has any objection if the said department appoint the petitioner in any grade-IV post in any Water Supply Scheme under Dhing (PHE) Division under said department. 11 . That the petitioner submits that if the department fails to appoint the petitioner in the said scheme then it is the duty of the state authority to give compensation to the petitioner against the B-Schedule land under the provision of law laid down in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013, otherwise if the authority use the B-Schedule land without appointing the petitioner and without paying compensation as stated above then it will amount to deprive the petitioner from his property without following due process of law and it will amount to violation of Article 300-A of the Constitution Of India. 11. The relief as prayed for in the instant writ petition reads as hereunder:- “Under the above facts and circumstances, it is therefore, prayed that Your Lordships would be pleased to admit this petition, call for the records, issue a rule, calling upon the respondents to show cause as to why a writ in the nature of Mandamus shall not be issued to direct the respondent No.1 to engage the petitioner as Grade-IV employee permanently either at Datial Bori Pipe Water Supply Scheme, Morigaon district part under Dhing (PHE) Division, Nagaon or in any other Pipe Water Supply Scheme under said Dhing (PHE) Division, Nagaon, Assam and to show cause as to why proper compensation shall not be given to the petitioner under Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Re -Settlement Act, 2023 and Assam Land (Assam Land (Requisition And Acquisition) Act, 1964 in respect of B- Schedule land. And on perusal of records and reply to show cause if any and after hearing the parties would be pleased to make the rule absolute directing the respondent no.1 either to engage the petitioner as Grade-IV employee permanently either at Datial Bori Pipe Water Supply Scheme, Morigaon district part under Dhing (PHE) Division, Nagaon or in any other Pipe Water Supply Scheme under said Dhing (PHE) Division, Nagaon, Assam or give proper compensation to the petitioner under said Act, 2013 in respect of B-Schedule land for the ends of Justice. Further it is prayed that pending disposal of this writ petition your Lordship would be pleased to direct the respondent No.3 in particular and other official respondents in general not to issue any appointment letter to the respondent No.5 as “Jalmitra” in the said Scheme. Alternatively it is prayed that the respondent no. 1 may be directed to dispose of the representation dated 22.05.2023 (Annexure No.3) by a speaking order within a specified time and with direction to supply a copy of the speaking order to the petitioner.” 12. Reading of the aforesaid, it appears that the aforesaid writ petition has been field primarily on two grounds, i.e. for engagement of the petitioner as Grade-IV employee permanently either at Datialbori Pipe Water Supply Scheme, Morigaon district Part under Dhing (PHE) Division, Nagaon or in any other Pipe Water Supply Scheme under said Dhing PHE Division, Nagaon and for compensation under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Re-settlement Act, 2023 and Assam Land ( Requisition and Acquisition) Act, 1964 in respect of the Schedule-B land allegedly to have been acquired by the respondent authorities in the year 1982. 13 . 13 . In order to deal with the first ground, apt at the outset to refer to the Pipe Water Supply Scheme, (hereinafter referred to as “PWSS”) communicated by the Principal Secretary to the Government of Assam, P&RD by vide addendum dated 22.07.2022 which reads as hereunder:- GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR: GUWAHATI-6 ORDERS BY THE GOVERNMENT OF ASSAM ADDENDUM No. PDA.193/2021/pt/5 Dated: Dispur the 22nd July, 2022 The following points are incorporated in the Office Notification vide No. PDA.193/2021/7 dated 9th February, 2021- Supply of drinking water, rainwater harvesting and water recycling The Piped Water Supply Scheme (PWSS) functional in all respect are to be handed over by the PHED to the PRIs. However, in the exceptional case where 100% coverage could not be done due to geographical barriers, etc. the partially completed scheme may also be handed over to PRI provided that at least one habitation is completed and subject to clearance by the Chairman DWSC. The Water Users' Committee (WUC) of the PWSS will be formed or dissolved in a general body meeting with a quorum of at least 50% of the users of the command area of the scheme. If for any emergent scenario the WUC is dissolved before completion of the tenure, the new WUC will be formed as per existing guidelines for formation of WUC. The General body meeting for WUC formation/dissolution shall be convened by the GP Secretary. Structure of the Executive Committee of Water Users' Committee (WC) President : 01 Nos Vice President : 01 Nos. General Secretary : 01 Nos Treasurer : 01 Nos General Member : 10 Nos The special invitee in the WUC · GP President Concerned Ward Member PHED Sectional Officer An eminent person can also be a special invitee The existing WUCs of the PWSS shall be dissolved and reconstituted as per new guidelines. The executive committee meeting of the WUC shall be held at least once a month, The user list of the PWSS will be provided by the PIED to the PRI. The water charges should be collected from every household as per rates fixed by the WUC (minimum Rs.30/-pm), WUC may also revise the rate in the general meeting. If WUC desires, it may exempt families having Antyodaya Anna Yojana Card. The water charges should be collected from every household as per rates fixed by the WUC (minimum Rs.30/-pm), WUC may also revise the rate in the general meeting. If WUC desires, it may exempt families having Antyodaya Anna Yojana Card. Scheme Operators/Volunteers for the 'WSS Selection of Operators/Volunteers: New operators /volunteers of the PWSS shall be engaged by Water Users' Committee. The service of existing operators/volunteers (if any) already taking care of the scheme activities, should be continued. The honorarium of the operator/volunteer will be Rs: 6500.00 per month Eligibility of Scheme Operators/Volunteers ? The qualification for Scheme Operators/volunteers should he minimum Class 12" (HS) pass, However, if there is no 12 pass candidate, WUC may select the 10th pass candidate, with a certificate that there is no willing 12h pass candidate in the command area to be countersigned by the GP Secretary. He/She should be a resident of the command area of the scheme. He/She cannot be an immediate relative of elected representatives of Panchayati Raj Institution Training of Scheme Operators/Volunteers ? To keep the scheme functional, PIED will train the operators/volunteers on the basic operational process. The operators/volunteers will be trained by PHED for petty repairs and periodic maintenance of the schemes. Training shall be given to the operators/volunteers on the IFC activities to be undertaken by them Role and responsibilities of the Scheme Operators/Volunteers The operators/Volunteers shall collect the water user charges from the households and deposit them to the WUC account. Do the petty repairs and periodic maintenance of the schemes and take up necessary Information, Education, Communication (IEC) activities. If the required repair is beyond the skill of the operators volunteers, then he she shall inform the WUC for necessary action. To undertake regular Operation and Maintenance Activities of the PWSS. The operators/volunteers should develop a good rapport with the water users of the scheme Electricity Charges of the PWSS ? The electricity charges for the PWSS shall be paid centrally by the Zilla Parishad after deposition of fund by the Al's GPs. ZP will pay the consolidated monthly electricity charges of all PWSS to APDCL. The Zilla Parishad will open a separate bank account for collecting the electricity charges from GPS/APS/ZP. GPS/APS/ZPs will add this bank account in e-gramswaraj as a vendor and transfer the electricity charges amount to this account through e-gramswaraj from the 15 th FC tied fund. ZP will pay the consolidated monthly electricity charges of all PWSS to APDCL. The Zilla Parishad will open a separate bank account for collecting the electricity charges from GPS/APS/ZP. GPS/APS/ZPs will add this bank account in e-gramswaraj as a vendor and transfer the electricity charges amount to this account through e-gramswaraj from the 15 th FC tied fund. The GPS/AP's/7Ps will transfer a lump sum amount for one year in advance to the ZPs' dedicated bank account for electricity charges. The amount may he decided by the respective CFO, ZP. Procurement and distribution of Chemicals for the schemes Empanelment of suppliers (vendors) for two or three districts will be done at the Pill Circle level by the Mission Directorate, J.J.M. The PWSS wise requirement of chemicals will be assessed by the 'Il divisional. The WUC will place an indent to the empanelled vendor quarterly basis or as per need for the he chemicals on a quarterly basis or as per need. ? The payment will be made by the WUC to the vendor. For any other site specific issues relating to functionality of the PWSS, The Q & M Methodology and the Water Users Committee Be-Law may be referred to for redress. Sd/- (Dr. J.B. Ekka, IAS) Principal Secretary in the Govt. of Assam Panchayat & Rural Development Department Memo No. PDA.193/2021/p1/5-A Dated: Dispur the 22 July, 2022 14 . Reading of the said PWSS scheme, it is clear that the PWSS functional in all respect was handed over by the PHED to the PRIs. It further appears that in exceptional case where 100% coverage could not be done due to geographical barriers, etc., the partially completed scheme may also be handed over to PRIs provided atleast one habitation is completed and subject to clearance by the Chairman DWSC (District Water Sanitation Committee). It further appears that the Water User’s Committee of the PWSS, thereafter will be formed or dissolved in a general body meeting with a quorum of at least 50% of the users of the command area of the scheme. If for any emergent scenario the WUC is dissolved before completion of the tenure, the new WUC will be formed as per existing guidelines for formation of WUC. 15 . It further appears that after the User’s Committee is constituted, they shall engage operation/volunteers in order to do the volunteer works of the PWSS. 16 . If for any emergent scenario the WUC is dissolved before completion of the tenure, the new WUC will be formed as per existing guidelines for formation of WUC. 15 . It further appears that after the User’s Committee is constituted, they shall engage operation/volunteers in order to do the volunteer works of the PWSS. 16 . In this connection, apt also to refer to the relevant paragraphs of the affidavit-in-opposition filed on behalf of the respondent No.5 on 01.04.2024, which reads as here under:- “5. That the answering Respondent denied the statement made in Para-3 of the writ Petition as the grandfather of the Petitioner voluntarily donated B Schedule land to the said department 'PHE' Division, Nagaon Assam. Therefore, there is no any written Agreement regarding the B Schedule Land. As such there was also not any agreement either oral or written regarding the appointment of the Petitioner in future in the said department. It is pertinent here to mention that in the year of 1982 the said land was mutated in the name of Altaf Uddin Sarkar and he donated the said land to the Department without any condition and which has been there in Jamabandi Copy. The petitioner knows it very well as the father of the Petitioner is a joint pattadar in the Patta No. 31 and Dag No. 282, Vill- Datialbori, Circle- Lahorighat, Mouza- Moirabari in the District of Morigaon, Assam. Abdul Samad got mutated his name in the year 2011, the petitioner misguided the Hon’ble Court. The petitioner should give proof that his father Abdul Samad has donated the said land to the department. 6. That as regards to the statements made in paragraph No.-4 of the writ petition filed by the petitioner, the respondent offer no comment. 7. That as regards to the statements made in paragraph No 5 of the Writ Petition, the Respondent is partly admitted. Though the Petitioner was also engaged by the "User's Committee" as Volunteer which was constituted by the Village People in the said department .On dated 20/11/2015 the Respondent No. 5 wrote an application to the "User's Committee" to appoint him as a volunteer workers in the said Department. Though the Petitioner was also engaged by the "User's Committee" as Volunteer which was constituted by the Village People in the said department .On dated 20/11/2015 the Respondent No. 5 wrote an application to the "User's Committee" to appoint him as a volunteer workers in the said Department. Accordingly on dated 01/12/2015 a public meeting was held by the "User's Committee" and in that public meeting the name of the Respondent No. 5 was selected and he was selected that he will take the responsibility of all the work of the water supply scheme and his name was also supported by the President and all the members of the "User's Committee". Thereafter, on dated 15/12/2015 his name was reflected in the list of the worker engaged by the "User's Committee" as causal/Volunteer worker. And accordingly Respondent No. 5 was given engagement letter on dated 13/01/2023 by the "User's Committee" whereby the Respondent No. 5 is engaged on contractual basis as a "Jalmitra"(Volunteer) for the Datialbori pipe water supply scheme (PWE) under Datialbori Gaon Panchayat at Morigaon District and also of Rs. 6500/- was fixed as Monthly Honorarium. After engagement the Respondent No.5 was under gone training the Department from 03/01/2023 to 13/01/2023. 8. That the answering respondent denied the statement made in para-6 as the respondent No.5 is duly and legally selected/appointed by the respondent No.3 as “Jalmitra” therefore the respodnen No.5 may be appointed for the said post and as such the respondent No.5 has better claim over the said post on the facts and circumstances of the case. 17 . Reading of the aforesaid paragraphs, it appears that the petitioner was engaged by the User’s Committee as a volunteer, which is constituted by the village people in the said department. Apt also to refer to the engagement letter issued to the petitioner, which reads as here under:- ENGAGEMENT LETTER Memo No wue/Datialbori.J. Mitra/2022-23/01. Dated the 13.01.2023 To ELIMUL HOQUE C/O Saiful Islam Vill-Datialbori Sub: Engagement as Jal Mitra (Volunteer) You are engaged on contractual basis as per terms & conditions of contract agreement, as a Jal Mitra (Volunteer) for the Datialbori Piped Water Supply Scheme (PWSS) Under Datialbori Gaon Panchayat Morigaon District. The monthly honorarium will be Rs.6,500/-(Rupees six thousand five hundred Only). You shall report to the President of the Datialbori pwss WUC along with this Engagement Letter within Seven (7) Days to sign a contract agreement. The monthly honorarium will be Rs.6,500/-(Rupees six thousand five hundred Only). You shall report to the President of the Datialbori pwss WUC along with this Engagement Letter within Seven (7) Days to sign a contract agreement. General Secretary, Sectional Officer, PHED President Water User Committee Special Invitee, WUC Water User Committee Memo No: WUC/Datialbori/J. Mitra/2022-23/02-05 Dated 13.01.2023 Copy to: 1. The GP President Datialbori GP for information and necessary action. 2. The GP Secretary Datialbori GP for information and necessary action. 3. The Sectional Officer PHE), Dhing PHE Division. 4. Office Copy. General Secretary Sectional Officer, PHED President Water User Committee Special Invitee, WUC Water User Committee 18 . A perusal of the aforesaid engagement letter amply indicates that the engagement has been issued by the private individual with no involvement of the State or its instrumentality. 19 . The Coordinate Bench of this Court by the judgment and order dated 29.01.2025 in WP(C) 386/2025 had dismissed a similar writ petition filed by similarly situated persons on the ground that the writ petition is not maintainable. 20 . The relevant paragraph of the aforesaid judgment reads as under:- “By filing this writ petition, the petitioner has called into question the alleged arbitrary and illegal appointment of the respondent no. 10 as “Jal Mitra“. However, going through the materials on record, I find that the order of appointment had not been issued either by the State or its instrumentality. Such being the position, this Court is of the opinion that the appointment order issued to the respondent no. 10 was purely an act of private individual(s), in the private capacity with no involvement of the State or its instrumentality. Under the circumstances, the plea taken by the petitioner cannot be entertained in a Writ Petition, in exercise of power under Article 226 of the Constitution of India. The writ petition is accordingly, closed” 21. In the present case, it is apparent from the materials on record that the order of engagement in question has not been issued either by the State or its instrumentality. That being so, the prayer of the writ petitioner for permanent absorption in PWSS is not maintainable. 22 . The writ petition is accordingly, closed” 21. In the present case, it is apparent from the materials on record that the order of engagement in question has not been issued either by the State or its instrumentality. That being so, the prayer of the writ petitioner for permanent absorption in PWSS is not maintainable. 22 . As regards the second ground i.e., prayer for compensation under Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Re -Settlement Act, 2023 and Assam Land (Requisition And Acquisition) Act, 1964, the subject Scheduled land of the petitioner’s father admittedly having been acquired way back in 1982, is totally barred by laches. It is worthwhile to mention that the subject Scheduled land appears from the material on record to have been donated by the petitioner’s father at the relevant point of time unconditionally. That being so, the petitioner has failed to make out any case warranting any relief from this Court under Article 226 of the Constitution of India. 23 . In view of the foregoing, I am of the unhesitant view that the pleas taken by the petitioner in the instant writ petition cannot be maintained. 24 . Accordingly, the writ petition stands dismissed. No costs.