Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 9 Ors on 9 December, 2022
Page No.# 1/4
GAHC010209382022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6702/2022
AMJAD ALI
SON OF LATE BALEK CHAN BEPARI, PRESIDENT OF BHANGNAMARI
WEEKLY BUDHBARIA BAZAR, RESIDENT OF VILLAGE AND P.O.
BHANGNAMARI, P.S. BHANGNAMARI, DISTRICT NALBARI, ASSAM, PIN
781126.
VERSUS
THE STATE OF ASSAM AND 9 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE
NALBARI
PIN 781335.
3:THE SUPERINTENDENT OF POLICE
NALBARI
PIN 781335.
4:THE CHIEF EXECUTIVE OFFICER
NALBARI ZILLA PARISHAD
NALBARI
PIN 781335.
5:THE PRESIDENT
NALBARI ZILLA PARISHAD
Page No.# 2/4
NALBARI
PIN 781335.
6:THE SECRETARY/EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT
OFFICER
BARKHETRI ANCHALIK PANCHAYAT
NARAYANPUR-MUKALMUA
DISTRICT NALBARI
ASSAM
PIN 781126.
7:THE CIRCLE OFFICER
BARKHETRI REVENUE CIRCLE
NARAYANPUR-MUKALMUA
P.O. AND P.S. MUKALMUA
DISTRICT NALBARI
ASSAM
PIN 781126.
8:THE OFFICER-IN-CHARGE
BHANGNAMARI POLICE STATION
P.O. BHANGNAMARI
DISTRICT NALBARI
PIN 781126.
9:MD. ABDUL LATIF SARKAR
SON OF AKBAR ALI
RESIDENT OF VILLAGE BHANGNAMARI
P.O. AND P.S. BHANGNAMARI
DISTRICT NALBARI
PIN 781126.
10:MD. HABIBAR RAHMAN
SON OF LATE OSMAN ALI
RESIDENT OF VILLAGE BHANGNAMARI
P.O. AND P.S. BHANGNAMARI
DISTRICT NALBARI
PIN 781126
Advocate for the Petitioner : MD R ISLAM
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
09.12.2022
Heard Mr. R. Islam, learned counsel for the petitioner; Mr. N.K. Dev Nath,
learned Standing Counsel, P&RD for the respondent nos. 1, 4 & 6; Mr. S. Baruah,
learned Government Counsel for the respondent nos. 2, 3, 7 & 8; and Mr. H. Ali,
learned counsel for the respondent nos. 9 & 10.
2. Aggrieved by the impugned order dated 26.09.2022 passed by the District
Magistrate, Nalbari, thereby prohibiting settling of the Weekly Wednesday Market
at Bhangnamari Gaon Panchayat, the present writ petition has been filed under
Article 226 of the Constitution of India.
3. Issue notice, returnable in 4 [four] weeks.
4. Requisite extra copies of the writ petition be served on the learned counsel
for the respondents within 3 [three] days from today.
5. The learned counsel for the petitioner has made a prayer for interim relief
which is opposed to by the learned Standing Counsel, P&RD as well as by the
learned counsel for the private respondents.
6. In this case, the petitioner projects that the said weekly Wednesday Market
is running on a private patta land and in this connection, the petitioner has referred
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to a copy of the Jamabandi appended to the additional affidavit filed by the
petitioner which refers to the land measuring 5 bighas, covered by Dag no. 560,
K.P. Patta no. 286 located at village Bhangnamari, Lot no. 3, Mouza - Barkhetri,
District - Nalbari.
7. The learned counsel for the respondent nos. 9 & 10 has submitted that the
said patta land has already been eroded and it is claimed that the said land does
not exist. It is further submitted that the present Wednesday Weekly Market is not
run by the private respondent nos. 9 & 10.
8. Be that as it may. In view of the judgment passed by the Division Bench in
Rupam Talukdar vs. State of Assam, 2009 [4] GLT 126 , whereby the provisions of
Section 107 of the Assam Panchayat Act has been declared to be unconstitutional,
the Court is inclined to stay the operation of the impugned order under Memo no.
NM-28/2022/80-A dated 26.09.2022 issued by the District Magistrate, Nalbari only
in so far as the market, if any, standing on the land measuring 5 bighas covered by
Dag no. 560, K.P. Patta no. 286 located at village Bhangnamari, Lot no. 3, Mouza -
Barkhetri, District - Nalbari.
9. List the matter after 4 [four] weeks.
JUDGE
Comparing Assistant
