Motior Rahman and 4 Ors v. The State of Assam and 2 Ors

ORDER

19.08.2024

¶1Heard Mr. M.A. Sheikh, learned counsel for the petitioners, who submits that the petitioners are owners and pattadars of land measuring 4 Bighas, 0 Katha, 01 Lecha situated at village Katajhar Gaon in the district of Baksa (BTC), Assam (Schedule-A). The petitioners, who want to establish and run a private cattle market, have submitted a representation dated 18.07.2024 before the respondent No.3 praying that a licence for running the private cattle market be issued to the respondents. Page No.# 3/3

¶2The grievance of the petitioners is that the petitioners representation has not been decided till date, even though the respondent BTC have the power to issue a licence under Sections 24 & 25 of the Bodoland Autonomous Council Act, 1993.

¶3The petitioners counsel submits that the writ petition can be disposed of, if a direction is issued to the respondent No.3 to take a decision on the petitioners representation, within a specified time period.

¶4Ms. R.B. Bora, learned counsel for the respondent Nos.2 & 3 and Ms. U. Das, learned counsel for the respondent No.1 submit that they have got no objection to the prayer made by the petitioners counsel.

¶5In view of the consent of the parties, the respondent No.3 is directed to take a decision on the petitioners representation dated 18.07.2024, within a period of 3(three) weeks from the date of receipt of a certified copy of this order along with a copy of the writ petition. The decision taken by the respondent No.3 should be communicated to the petitioner thereafter.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010161572024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4153/2024o MOTIORoRAHMANoANDo4oORSo S/O-oLATEoMAULABIoABDULoRAHMAN 2:oMIJANURoRAHMAN oS/O-oLATEoMAULABIoABDULoRAHMAN 3:oMUKHLESARoRAHMAN oS/O-oLATEoMAULABIoABDULoRAHMAN 4:oMUSTAFIJURoRAHMAN oS/O-oLATEoMAULABIoABDULoRAHMAN 5:oRAHIMAoKHATUN oD/O-oLATEoABDULoRAHMANo o o ALLoAREoR/O-oVILLAGE-oKATAJHARoGAON o P.O-oGABARDHANA o PIN-781315 o P.S-oGABARDHANA o DIST-BAKSA o(BTC) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oWELFAREoOFoPLAINoTRIBESoANDoOTHERoBACKWARDoCLASSES,o ASSAMo,oDISPUR,oGUWAHATI-781006 Page No.# 2/3 2:THE BODOLAND TERRITORIAL AREA DISTRICTS AT KOKRAJHAR REP. BY ITS PRINCIPAL SECRETRY P.O- KOKRAJHAR DIST- KOKRAJHAR (BTAD) ASSAM PIN-783370 3:THE SECRETARY MARKET AND FAIRS DEPARTMENT BODOLAND AUTONOMOUS COUNCIL P.O- KOKRAJHAR DIST- KOKRAJHAR (BTAD) ASSAM PIN-78337 Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ Advocate for the Respondent : SC, BTC, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA