Abhijit Baruah and 2 Ors v. The State of Assam and 3 Ors

ORDER Date : 10/10/2023

Heard Mr. R. Singha, learned counsel for the writ petitioners in WP(C) 2795/2014 and Mr. Gias Uddin, learned counsel for the petitioners in WP(C) 6303/2014. Mr. N.N. Upadhyay, learned counsel is present on behalf of the respondent nos. 2 & 3 whereas Mr. S.Baruah, learned Government Advocate, Assam, is present on behalf of the respondent nos. 1 & 4. The writ petitioners in both these writ petitions were carrying on business in the Chabua Swahid Bazar by occupying space in the market complex based on individual agreements entered into with the Chabua Town Committee, (now reconstituted as Chabua Municipal Board). It appears that in Page No.# 4/4 the year 2010, the old Assam Type houses constituting the market were demolished for the purpose of constructing a multi-storied RCC market complex on the same site. Assurance was given to the earlier vendors including the writ petitioners that they would be accommodated on priority basis in the new building. Accordingly, the vendors including the present petitioners had voluntarily relocated their business. However, after the new complex was constructed, no accommodation had been provided to them by the Town Committee/Municipal Board of Chabua in the new market complex, as a result of which, the petitioners had to approach this Court by filing the presnt writ petitions. It is the submission of the petitioners' counsel that their clients are mostly vegetable /fruit vendors and, therefore, unless the shops are allocated in the ground floor, it would be practically impossible for them to run their business from shops located in the first floor of the market. Responding to the above, Mr. Upadhyay, learned counsel for the respondent nos. 2 & 3 has submitted that all the petitioners would be allocated shop rooms in the newly constructed complex but it may not be possible to accommodate the petitioners in the ground floor since the number of shops in the ground floor of the complex are limited and there are other obligations of the Committee with regard to those shops. Be that as it may, since the only grievance of the petitioners in these writ petitions is on account of the fact that they have not been allocated suitable shop rooms in the newly constructed market complex and considering the assurance given by Mr. Upadhyay that such allocations would be made without further delay if an order is passed by this Court, these writ petitions are being disposed of by providing that the claim of the individual petitioners for allocation of 'suitable' shop rooms in the newly constructed market complex, shall be considered objectively by the authorities and thereafter, necessary steps for allocation of shops will be undertaken without undue delay. In doing so, the authorities would also keep in mind the nature of business activities conducted by the petitioners and if possible , shop rooms in the ground floor may also be allocated to them, subject, however to the availability of the same. With the above observations, both the writ petitions stand disposed of. JUDGE

sukhamay Comparing Assistant

PageoNo.#o1/4 GAHC010185422014 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2795/2014o NARBADESWARoSINGHoando5oORSo S/OoSRIoSHRIKUMARoSINGH,oR/OoCHABUAoTOWN,oAo-WARD,oDIST-o DIBRUGARH,oASSAM 2:oGOLAPoALI oS/OoMDoABDULoALI oR/OoCHABUAoTOWN oB-WARD DIST-oDIBRUGARH oASSAM 3:oPANKAJoGOHAIN oS/OoLT.oGONDESHWARoGOHAIN oR/OoBAGDUMoMUDOIoGAON oCHABUAoTOWN oDIST-oDIBRUGARH oASSAM 4:oARUNoGOGOI oS/OoLT.oMONESHWARoGOGOI oR/OoCHABUAoKUMARoGAON oDIST-oDIBRUGARH oASSAM 5:oUTTAMoSEAL oS/OoSRIoSUKUMARoSEAL oR/OoCHABUAoTOWNoCOMMITTEE oB-WARD oCHABUA oDIST-oDIBRUGARH oASSAM 6:oSRIMATIoSAYAoSEAL oW/OoSRIoSUKUMARoSEAL Page No.# 2/4 R/O CHABUA TOWN COMMITTEE B-WARD CHABUA DIST- DIBRUGARH ASSA VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GHY-6 2:CHABUA TOWN COMMITTEE REPRESENTED BY ITS CHAIRMAN CHABUA DIST- DIBRUGARH PIN-786184 3:THE CHAIRMAN CHABUA TOWN COMMITTEE CHABUA DIST- DIBRUGARH PIN-786184 4:THE DY. COMMISSIONER DIBRUGAR Advocate for the Petitioner : MR.R SINGHA Advocate for the Respondent : MR.PRONAB JYOTI SAIKIA Linked Case : WP(C)/6303/2014 ABHIJIT BARUAH and 2 ORS S/O LT. KAMESWAR BARUAH R/O CHABUA TOWN COMMITTEE DIST. DIBRUGARH ASSAM. 2: SMTI. SABITRI RABIDAS D/O LT. KANAK PD. RABIDAS R/O CHABUA TOWN COMMITTEE DIST. DIBRUGARH ASSAM. 3: SRI ROBIN GOGOI S/O LOKESWAR GOGOI R/O NIZ CHABUA P.O. CHABUA DIST. DIBRUGARH ASSAM. Page No.# 3/4 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-6. 2:CHABUA TOWN COMMITTEE REP. BY ITS CHAIRMNAN CHABUA DIST. DIBRUGARH PIN - 786184. 3:THE CHAIRMAN CHABUA TOWN COMMITTEE CHABUA DIST. DIBRUGARH PIN - 786184. 4:THE DEPUTY COMMISSINER DIBRUGARH DIST. DIBRUGARH ASSAM. ------------ Advocate for : MR.A UDDIN Advocate for : MR.N N UPADHYAYAR-2and3 appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM