Sukur Ali v. The State of Assam and 6 Ors

ORDER

06.05.2024 Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel PNRD and Ms. S. Baruah, learned Government Advocate, Assam. By filing the instant writ petition, the petitioner is seeking a direction from the respondents as to why the installments for the Golia Anchalik Pashu market for the year 2023-2024 should not be exempted and for quashing the notice dated

10.01.2023 and 12.03.2024. Page No.# 3/4 The facts of the case is that respondents issued NIT for the year 2023-2024 for settlement of Golia Anchalik Pashu Hat under Bajali Zilla Parishad. The bid of the petitioner was accepted at Rs. 41,60,501/- only. The said cattle Hat has been settled with the petitioner. The State Govt. has amended the Assam Cattle Preservation Act, 2021 with restriction in transportation of cattle because of which animal traders stopped business and due to different harassments. In such situation, petitioner could not collect revenue. Accordingly, the petitioner filed representation for concession of bill amount. It is the specific case of the petitioner that the aforesaid representation dated

10.01.2024 and 19.01.2024, which are enclosed as Annexure - 5 & 6 to the writ petition are pending for consideration. It appears that the aforesaid representations are not addresed to the proper authority. It is submitted at the bar that if the representations are submitted before the proper authorities, this writ petition can be disposed of with direction to consider the said representation. In view of the aforesaid endorsement made by the learned counsels, this Court deems appropriate to dispose of the writ petition with a direction that the petitioner shall file a fresh representation before the Principal Secretary, Panchayat and Rural Development and as and when such representation is filed, the concerned respondent authority shall consider the same in accordance with law and pass appropriate order within a period of 1(one) month from the date of receipt of the representation. Page No.# 4/4 With the aforesaid direction and observation, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010084812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2336/2024o SUKURoALIo S/O-oSONAoULLAH,oR/O-oVILL-oNAMATI,oP.O.oGOLIA,oP.S.oPATACHARKUCHI,o DIST.-oBAJALI,oASSAM,oPIN-o781325 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPUR,oGUWAHATI-o781006 2:THEoDISTRICToCOMMISSIONER oBAJALI oP.O.oANDoP.S.oBAJALI oDIST.-oBAJALI oASSAM oPIN-o781326 3:THEoSUPERINTENDENToOFoPOLICE oBAJALI oP.O.oANDoP.S.oBAJALI oDIST.-oBAJALI oASSAM oPIN-o781326 4:BAJALIoZILLAoPARISHAD oBAJALI oREPRESENTEDoBYoITSoCHIEFoEXECUTIVEoOFFICER oBAJALI oPIN-o781326 5:THEoCHIEFoEXECUTIVEoOFFICER Page No.# 2/4 BAJALI ZILLA PARISHAD BAJALI PIN- 781326 6:BHAWANIPUR ANCHALIK PANCHAYAT REPRESENTED BY ITS EXECUTIVE OFFICER BHAWANIPUR P.O. BHAWANIPUR DIST.- BAJALI ASSAM PIN- 781326 7:THE OFFICER-IN-CHARGE PATACHARKUCHI POLICE STATION P.O. AND P.S. PATACHARKUCHI DIST.- BAJALI ASSAM PIN- 78132 Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI