Bellal Hussain v. The State of Assam and 6 Ors

ORDER

29.09.2023

Heard Mr. A.K. Sarma, learned counsel for the petitioner; Mr. K. Gogoi, learned Senior Government Advocate, Assam for the respondent nos. 1, 3, 4 & 6; and Mr. K. Konwar, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent no. 2.

¶2Having regard to the nature of grievances made by the petitioner in this writ petition, the writ petition is taken up for consideration at the motion stage itself, as agreed to by the learned counsel for the parties and in view of the nature of the order to be passed. In such view of the matter, notice is not issued to the respondent no. 5.

¶3It has been projected that the petitioner is a permanent resident within the territorial jurisdiction of Padmer Alga Gaon Panchayat and Barshing Jarua Anchalik Panchayat, District - Dhubri. The petitioner was a former settlement holder of an animal market named 'Katlamari Go-Hat', which used to be settled by the respondent Panchayat authorities by initiating tender process annually. Since the Panchayat Financial Year : 2022 – 2023, the respondent Panchayat authorities has kept the animal market named Katlamari Go-Hat from annual tender process. It is in the above backdrop, the petitioner who is an owner and possessor of a plot of land measuring 8 Bighas 10 Lessas, covered by Dag no. 229 & Patta no. 30, situate Page No.# 3/6 at Village – River Block – 5 NC, Mouza – Rangamati, Athani Revenue Circle ['the subject-plot', for short], contemplated to set up and operate a private cattle market on the said subject-plot. Accordingly, the petitioner started operating an animal market on and from the subject-plot from July, 2023. But, the respondent no. 6 had prevented the petitioner from operating the animal market on and from the subject-plot since 28.07.2023. Aggrieved thereby, the petitioner has approached this Court by this instant writ petition.

¶4The State Legislative Assembly has enacted an Act, 'the Assam Cattle Preservation Act, 2021' ['the Act', for short]. The Act has been notified vide Notification no. PLB.78/2021/266 dated 22.11.2021 and the Act has been published in the Assam Gazette in its issue dated

25.11.2021. As per the Notification dated 22.11.2021, the State Government has appointed

22.11.2021 as the date on which the provisions of the Act shall come into force in the entire State of Assam. As per the Statement of Objects and Reasons, the Act has been enacted to include sufficient legal provisions to regulate the slaughter, consumption and transportation of cattle.

4.1. Section 3[a] of the Act has defined 'Animal Market' and 'Animal Market' means a market place or sale-yard or any other premises or place to which animals are brought from other places and offered or displayed for sale or auction and includes animal fairs and cattle pounds, as duly licensed or recognized under a State Act or any other law for the time being in force or any rules or regulations made hereunder. As per Section 3[d], 'Competent Authority' means the person or persons appointed in this behalf by the State Government by notification in the Official Gazette to exercise the powers and perform the functions of a competent authority under the Act or the rules made hereunder for such area or areas and for such period as may be specified in the notification.

4.2. Section 10 has contained the provision regarding regulation of Animal Market and the same reads as under :-

¶10[1] Every Animal Market Committee of recognized animal markets shall issue proof of sale and purchase of animals in the prescribed format to the purchaser Page No.# 4/6 and maintain proper record for inspection by the competent authority. [2] If any animal market fails to comply with the provisions of this section and rules prescribed in this regard, the license or registration of such animal market shall be cancelled and the person responsible for such noncompliance shall be barred from entering the market and fined, as may be prescribed, after providing the animal market committee or the person, as the case may be, an opportunity of being heard.

4.3. The Act has been further amended by the Assam Cattle Preservation [Amendment] Act, 2021 vide a Notification bearing no. LGL.83/2021/55 dated 28.01.2022 and the same has been published in the Assam Gazette in its issue dated 28.01.2022.

4.4. A set of rules, that is, 'the Assam Cattle Preservation Rules, 2022' ['the Rules', for short] have also been notified vide a Notification no. PLB.78/2021/406 dated 31.05.2022 and the Rules have been published in the Assam Gazette on 07.06.2022.

4.5. Rule 7[1] of the Rules has laid down that the Competent Authority as may be appointed by the State Government may issue Registration Certificate to the agency or farm for the purpose of trading of cattle, on receipt of application, for bonafide animal husbandry and agricultural purpose after being satisfied himself about the genuineness of the application as provided under sub-section [4] of Section 7 of the Act in Form as annexed to the Rules.

4.6. By a Notification bearing no. PLB.78/2021/411 dated 25.07.2022 and published in the Assam Gazette on 27.07.2022, the State Government has delegated the powers/functions under Section 10 of the Act to the District Magistrate or his authorized representative as the Designated Competent Authority.

¶5From the afore-stated provisions of the Act under Rules r/w Notification dated

25.07.2022, it is noticed that it is the District Magistrate or his authorized representative, who has the authority and jurisdiction to grant permission to operate an Animal Market upon due consideration. Page No.# 5/6

¶6Both Mr. Gogoi and Mr. Konwar, learned counsel representing the State respondents have submitted that the petitioner should approach the respondent no. 3 in his capacity as the District Magistrate and the Competent Authority under Act and the Rules seeking permission to operate any animal market on and from his private patta lands i.e. the subject-plot, as indicated hereinabove, in accordance with the provisions of the Act and the Rules, within a specific time period. The learned counsel for the petitioner has submitted that the petitioner will accordingly file a fresh application before the respondent no. 3 in his capacity as the District Magistrate and the Competent Authority under Act and the Rules seeking permission to run an animal market on and from the subject-plot.

¶7Having regard to the provisions of the Act and the Rules r/w Notification dated

25.07.2022 and the submissions made by the learned counsel for the parties, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the petitioner to submit an application before the respondent no. 3 in his capacity as the District Magistrate and the Competent Authority under Act and the Rules, within a period of 1 [one] month from today and, in the event such an application is filed by the petitioner, the said Competent Authority to take such application on board and after considerations of the same in terms of the provisions contained the Act and the Rules, to dispose of the application containing the prayer to allow the petitioner to run an animal market on and from his private patta lands i.e. the subject-plot, in accordance with law by passing a speaking order on its own merit and in accordance with extant law and procedure, as expeditiously as possible, preferably within an outer limit of 4 [four] weeks from the date of receipt of the application from the petitioner. It is accordingly directed. The respondent no. 3 as the District Magistrate and the Competent Authority under the Act and the Rules will be at liberty to afford personal hearing to the petitioner and other stakeholders, if found necessary. The decision to be passed by the respondent no. 3 on the application of the petitioner, shall be communicated to the petitioner forthwith thereafter. It is, however, made clear that the respondent no. 3 shall consider the application of the petitioner on its own merits as this Court has not made any observation as regards the merits of the claim of the petitioner. Page No.# 6/6

¶8This order disposes of the writ petition. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010207962023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5466/2023o BELLALoHUSSAINo S/O-oLATEoHAZIoKAZIMUDDIN,o VILL-oRIVERoBLOCKo-5oNC,oMOUZAoRANGAMATI,o P.S-oFAKIRGANJ,oDIST-oDHUBRI,oASSAM,oPIN-783339 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oHOMEoDEPARTMENT,oDISPUR,oGUWAHATI-o06,oASSAM. 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENTo DISPUR oGUWAHATI-o06 oASSAM. 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oASSAM oPIN-783301 4:THEoSUPERINTENDENToOFoPOLICE oDIST-SOUTHoSALMARAoMANKACHAR o HATSINGIMARI oPIN-783131 5:THEoPADMERoALGAoGAONoPANCHAYAT oREP.oBYoTHEoPRESIDENT oPADMERoALGA Page No.# 2/6 PIN-783339 6:THE OFFICER IN CHARGE FAKIRGANJ POLOCE STATION. SOUTH SALMARA MANKACHAR DIST- 78333 Advocate for the Petitioner : MR. A K SARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY