Trailokya Mohan Nath and Anr v. The State of Assam and 5 Ors

ORDER

16.12.2024 Heard Mr. P. Bordoloi, learned counsel for the petitioners. Also heard Mr. S. Dutta, learned counsel for the P&RD Department. Page No.# 3/3

¶2The petitioners' counsel submits that in terms of the Letter of Agreement dated

01.09.2023 executed between the petitioner and the respondent No.4 to run the Saturday Weekly Market under the Bihaguri Development Block, the agreement could be terminated only from an order from the District Administration. However, without any order being issued by the District Administration, the respondent No.6 has been allowed to operate the Saturday Weekly Market. He submits that the petitioners have accordingly submitted an application dated 09.09.2024 to the respondent No.3, to take a decision on the petitioners' representation to allow the petitioners to run the said weekly market. However, no decision has been taken by the respondent No.3 till date. He accordingly submits that the present writ petition can be disposed of, if the respondent No.3 is directed to take a decision on the petitioners' representation within a specified time period.

¶3Mr. S. Dutta, learned counsel for the P&RD submits that he has got no objection to the prayer made by the petitioners' counsel.

¶4In view of the consent of both the parties, the respondent No.3 is directed to take a decision on the petitioner's application dated 09.09.2024, within a period of 2

(two) weeks from the date of receipt of a certified copy of this order.

¶5The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010206332024 ooooooo 2024:GAU-AS:12740 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5190/2024o TRAILOKYAoMOHANoNATHoANDoANRo (PRESIDENT-oBIHAGURIoSATURDAYoWEEKLYoMARKEToUNNAYANo COMMITTEE),oSONoOFoLATEoPUNAoRAMoNATH,oR/O-oPITHAKHOWA,oP.O.o PITHAKHOWA,oPIN-o784173,oDIST.oSONITPUR,oASSAM 2:oHIRENoBORA o(SECRETARY-oBIHAGURIoSATURDAYoWEEKLYoMARKEToUNNAYANo COMMITTEE) oSONoOFoMOHANoBORA oR/O-oPITHAKHOWA oP.O.oPITHAKHOWA oPIN-o784173 oDIST.oSONITPUR oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR-6,o ASSAM 2:THEoDISTRICToCOMMISSIONER oSONITPUR oP.O.oANDoP.S.oTEZPUR oPIN-o784001 oDIST.oSONITPUR oASSAM 3:THEoCHIEFoEXECUTIVEoOFFICER oZILLAoPARISHAD oSONITPUR oTEZPUR Page No.# 2/3 P.O. AND P.S. TEZPUR PIN- 784001 DIST. SONITPUR ASSAM 4:THE BLOCK DEVELOPMENT OFFICER BIHAGURI DEVELOPMENT BLOCK BIHAGURI P.O. BIHAGURI PIN- 784153 DIST. SONITPUR ASSAM 5:THE BIHAGURI CO-OPERATIVE SOCIETY LTD. REPRESENTED BY ITS PRESIDENT BIHAGURI P.O. BIHAGURI PIN- 784153 DIST. SONITPUR ASSAM 6:LAKHYA JYOTI HAZARIKA S/O- JIWAN HAZARIKA R/O- VILL.- BORDUBIA P.O. PITHAKHOWA PIN- 784173 DIST. SONITPUR ASSA Advocate for the Petitioner : MR. K BORUAH, MR. P BORDOLOI Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA