NAMITA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.J. Gogoi, learned counsel for the petitioner; Mr. B.J. Talukdar, learned senior counsel assisted by Mr. P.K. Medhi, learned counsel for the respondent nos. 1, 3 and 5; and Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 2, 4, 6 and 7.

(2.) The petitioner at the time of filing the writ petition, was serving as the President of Batadraba Satra Gaon Panchayat ['the Gaon Panchayat', for short]. It is the case of the petitioner that the petitioner had submitted a Representation alleging commission of a number of anomalies in allotment of PMAY houses, etc. within the area of the Gaon Panchayat. On receipt of the complaint, the Additional Deputy Commissioner, Nagaon, O/o the Deputy Commissioner, Nagaon vide his letter dtd. 26/4/2023 [Annexure-5] directed the Circle Officer, Dhing Revenue Circle [the respondent no. 5] to cause an enquiry and submit a report within 10 [ten] days from 26/4/2023. The petitioner has approached this Court by the instant writ petition seeking inter alia direction to the respondent authorities to complete the enquiry and to submit a report as regards the allegations highlighted in the complaint regarding allotment of PMAY houses and misuse of PMAY fund.

(3.) Mr. Talukdar, learned senior counsel appearing for the respondent nos. 1, 3, and 5 and Mr. Dev Nath, learned Standing Counsel, P&RD Department have submitted that the term of the Gaon Panchayat is already over and the petitioner is no longer serving as the President of Batadraba Satra Gaon Panchayat. They have further submitted that be that as it may, since an enquiry has already been directed vide letter dtd. 26/4/2023, this writ petition can be disposed of by directing the respondent no. 3 and the respondent no. 4 to complete the enquiry initiated by the letter dtd. 26/4/2023.