Jagadish Rajbongshi and 3 Ors v. The State of Assam and 22 Ors

ORDER Date : 06.11.2024

Heard Mr. B. Gogoi, the learned counsel appearing on behalf of the Petitioners and Ms. M. Barman, the learned Jr. Government Advocate Page No.# 2/3 appearing on behalf of the Respondent Nos. 1 and 4. I have also heard Mr. T. J. Mahanta, the learned Senior counsel assisted by Ms. P. Bhattacharyaa, the learned counsel appearing on behalf of the Respondent Nos. 2 and 3.

¶2The Petitioners herein are aggrieved by the select list issued by the Respondent No.2 whereby the Petitioners have been excluded from the allotment of the fish stalls in the newly constructed fish market.

¶3It is seen that pursuant to the filing of the writ petition and issuance of notice, recently the Respondent No.2 in its meeting held on

21.05.2024 at 3 PM had taken up a resolution for the purpose of cancelling the allotment of seats to the fish vendors made in the year 2017 for the newly constructed fish market situated in Dhan Bazar and had decided to make allotment of seats afresh. This aspect of the matter has been brought to the notice of this Court by filing an affidavit by the Chairman of the Respondent No.2.

¶4Taking into account the said stand so taken to the effect that the Respondent Nos. 2 and 3 have already resolved to cancel the earlier allotment and to go for a fresh settlement by following the due process, the learned counsel for the Petitioners submits that the Petitioners do not have any further issue in the instant proceedings.

¶5Accordingly, the instant writ petition stands disposed of on the basis of the statements so made by the Respondent Nos. 2 and 3 through the affidavit filed by the Respondent No.3 before this Court. It is however observed that the disposal of the writ petition on the basis of the statements made in the affidavit by the Respondent Nos. 2 and 3 shall Page No.# 3/3 not preclude the persons who would be affected by such decision to challenge the same.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010195542017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2432/2017 JAGADISH RAJBONGSHI and 3 ORS. S/O MANMOHAN RAJBONGSHI R/O PRAFULLA NAGAR, PUB MANGALDOI, P.S. MANGALDOI DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM and 22 ORS. REP. BY THE ITS SECRETARY TO THE GOVT. OF ASSAM, MUNICIPAL ADMINISTRATION, DISPUR, GUWAHATI-6. For the Petitioner(s) : Mr. B. Gogoi, Advocate For the Respondent(s) : Ms. M. Barman, Jr. Government Advocate : Mr. T. J. Mahanta, Sr. Advocate : Ms. P. Bhattacharyya, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH