Ajibor Rahman v. The State of Assam and 8 Ors

ORDER Date : 22-02-2024 Heard Mr. A Roshid learned counsel for the petitioner and Mr. S Dutta learned standing counsel, PNRD and Mr. G Bokolial learned Page No.# 3/4 counsel for the respondent No.2. Mr. Roshid learned counsel for the petitioner has submitted that a cattle market namely Chataimari Cattle (Pashu) market was earlier run under the Jaleswar Anchalik Panchayat. The grievance of the petitioner is limited to the extent that the respondent authorities have not undertaken any regular tender process for settlement of the said market. It is further the grievance of the petitioner that the respondent Nos.7 and 8 are creating some problem as per running of the market, however, his basic grievance is that the market should be settled through tender process in terms of the Section 105 of the Panchayat Act, 1994 and the Assam Panchayat Financial Rules, 47. Mr. Dutta learned standing counsel PNRD submits that the authorities under the Panchayat Act are under bounden duty to settle the market/hat etc in terms of the Panchayat Act and the rules framed there under and such Rules and Act prescribes settlement of market/hats etc through tender process and therefore, the authorizes under the Panchayat Act shall definitely settle the market through tender process. In view of such consensus, there shall not be any grievance left for the petitioner. It is also a fact that though no tender was issued, the market has been temporarily settled with the petitioner from time to time and such period is still valid till 25.02.2024. In view of the aforesaid, this writ petition stands disposed of with a direction to the competent authorities to settle the Cattle market in question in terms of the Panchayat Act and the rules framed Page No.# 4/4 there under. Such exercise be carried out within a period of 3 (three) weeks from the date of receipt of a certified copy of this order.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010242242023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6269/2023o AJIBORoRAHMANo S/O-oLATEoSAMBARUoSHEIKH,oVILL.oNO.o2oHALDIBARI,oP.O.oGAURoNAGAR, P.S.oLAKHIPUR,oDIST.oGOALPARA,oPIN-o783132. VERSUSo THEoSTATEoOFoASSAMoANDo8oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo PANCHAYAToANDoRURALoDEVELOPMENT,oDISPUR,oGHY-781006. 2:THEoDEPUTYoCOMMISSIONER oGOALPARA oPIN-o783101. 3:THEoCHIEFoEXECUTIVEoOFFICER oZILLAoPARISHAD oGOALPARA oPIN-o783101. 4:THEoZILLAoPARISHAD oGOALPARA oREP.oBYoTHEoC.E.O. oZILLAoPARISHAD oGOALPARA-783101. 5:THEoEXECUTIVEoOFFICERoCUMoBLOCKoDEVELOPMENToOFFICER oJALESWAR oP.O.oJALESWAR oDIST.oGOALPARAo PIN-o783129 oREPRESENTEDoBYoTHEoSECRETARY oGOVT.oOFoINDIA oDEPTT.oOFoNHAI Page No.# 2/4 DELHI-11. 6:THE ANCHALIK PANCHAYAT JALESWAR P.O. JALESWAR DIST. GOALPARA REP. BY THE PRESIDENT JALESWAR A/P/ JALESWAR PIN- 783132. 7:MOJIRUDDIN AHMED PRESIDENT CHATAIMARI PASHU HAT COMMITTEE P.O. SIMLABARI P.S. LAKHIPUR DIST. GOALPARA PIN- 783330. 8:MONSUR RAHMAN SECRETARY CHATAIMARI PASHU HAT COMMITTEE P.O. SIMLABARI P.S. LAKHIPUR DIST. GOALPARA PIN- 783330. 9:AMZAD MONDAL S/O- ABDUL MANNAN VILL.- GUMAIJHAR PO. SIMLABARI DIST. GOALPARA PIN- 783330 Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY