Samsuddin Sk v. The State of Assam and 4 Ors

ORDER Date : 22.03.2024

Mr. A. K. Purkayastha, learned counsel for the petitioner submits that the respondents have not settled the Nayarhat Go Hat Cattle Market for the last two years, thereby not giving any opportunity to the petitioner to participate in the tender/selection process that could have been initiated by the State respondents, for settling the market with the successful tenderer.

¶2Counsel for the petitioner submits that the petitioner had submitted a representation dated 21.07.2023 to the Block Development Officer/Executive Officer, Mahamaya Development Block, requesting him to invite a tender notice for settlement of the said Nayarhat Go Hat for the year 2023-2024. He submits that the Panchayat year 2023-2024 would be for the period from 01.07.2023 to

30.06.2024. He submits that as no decision has been taken by the said BDO (respondent No. 4) on the petitioner's representation, a direction should be issued to the respondent No. 4 to take a decision on the petitioner's representation.

¶3Mr. S. Dutta, learned counsel for the P&RD and Ms. U. Das, learned counsel for the respondent No. 2 submit that the petitioner has got no locus-Page No.# 3/3 standi to file the present case. They further submit that the settlement period, for which a tender notice is being asked for by the petitioner, is going to end in three months. As such, the writ petition has become infructuous.

¶4At this stage, Mr. A. K. Purkayastha, learned counsel for the petitioner submits that he would like to withdraw this writ petition, with liberty to file a fresh representation before the Competent Authority.

¶5The prayer of the petitioner is allowed.

¶6Accordingly, this writ petition stands dismissed as withdrawn, with liberty as prayed for.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010203662023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5317/2023o SAMSUDDINoSKo S/O-oLATEoAFAJUDDINoSKo@oAFAJUDDINoJODDAR,o R/O-oVILLAGE-oFAKIRANIRJHARoPART-II,o P.O.-oBORKANDA,o PIN-o783348,o DISTRICT-oDHUBRI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARY,o TOoTHEoGOVERNMENToOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoDEPUTYoCOMMISSIONER oNOWoDESIGNATEDoASoDISTRICToCOMMISSIONER oDISTRICToDHUBRI oASSAM. 3:THEoCHIEFoEXECUTIVEoOFFICER oZILLAoPARISHAD oDHUBRI oP.O.-oDHUBRI oDISTRICT-oDHUBRI oASSAM. 4:THEoEXECUTIVEoOFFICERoCUMoBLOCKoDEVELOPMENToOFFICER oMAHAMAYAoDEVELOPMENToBLOCK oP.O.-oBARKANDAo(MAHAMAYA) oDISTRICT-oDHUBRI oASSAM oPIN-o783348. Page No.# 2/3 5:THE PRESIDENT MAHAMAYA ANCHALIK PANCHAYAT P.O.- BARKANDA (MAHAMAYA) DISTRICT- DHUBRI ASSAM PIN- 783348 Advocate for the Petitioner : MR. A K HUSSAIN Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA