Page No.# 1/6 vs The State Of Assam And 6 Ors
2022 Latest Caselaw 594 Gua

                                                         Page No.# 1/6

GAHC010021482022




                     THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : WP(C)/993/2022

         ABDUL MALEK TALUKDAR AND 15 ORS.
         S/O LATE MEHER UDDIN TALUKDAR,
         VILLAGE- DAMRI BHASA,
         P.O. KATARIHARA,
         DISTRICT- GOALPARA, ASSAM

         2: EUSAB ALI TALUKDAR
          S/O ABDUL MALEK TALUKDAR
         VILLAGE- DAMRI BHASA
          P.O. KATARIHARA
          DISTRICT- GOALPARA
         ASSAM

         3: EAQUB ALI TALUKDAR
          S/O ABDUL MALEK TALUKDAR
         VILLAGE- DAMRI BHASA
          P.O. KATARIHARA
          DISTRICT- GOALPARA
         ASSAM

         4: BODRUL ISLAM TALUKDAR
          S/O ABDUL MALEK TALUKDAR
         VILLAGE- DAMRI BHASA
          P.O. KATARIHARA
          DISTRICT- GOALPARA
         ASSAM

         5: AYUB ALI TALUKDAR
          S/O ABDUL MALEK TALUKDAR
         VILLAGE- DAMRI BHASA
          P.O. KATARIHARA
          DISTRICT- GOALPARA
         ASSAM
                                  Page No.# 2/6

6: SAMSUL HOQUE TALUKDAR
 S/O LATE MEHER UDDIN TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
DISTRICT- GOALPARA
ASSAM

7: SHAHJAMAL TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BASHMURA
 P.O. KATARIHARA
 DISTRICT- GOALPARA
ASSAM

8: JOHIR UDDIN TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
 DISTRICT- GOALPARA
ASSAM

9: MD. SAHAJUL TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
 DISTRICT- GOALPARA
ASSAM

10: A. SATTAR TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
 DISTRICT- GOALPARA
ASSAM

11: ABDUL BATEN TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
 DISTRICT- GOALPARA
ASSAM

12: NURJAMAL TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
 DISTRICT- GOALPARA
ASSAM
                                                       Page No.# 3/6


13: ATOWAR RAHMAN TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
 DISTRICT- GOALPARA
ASSAM

14: ABDUL KUDDUS TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
DISTRICT- GOALPARA
ASSAM

15: JUBBAR TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
 DISTRICT- GOALPARA
ASSAM

16: JAHIDUL ISLAM TALUKDAR
 S/O LATE SAYED ALI TALUKDAR
VILLAGE- BONNYAGURI
 P.O. JALESWAR
 DISTRICT- GOALPARA
ASSA

VERSUS

THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI- 781006

2:THE CHIEF EXECUTIVE OFFICER
 GOALPARA ZILLA PARISHAD
 GOALPARA
 P.O. AND DISTRICT- GOALPARA
ASSAM. PIN- 783001

3:THE EXECUTIVE OFFICER
 JALESWAR ANCHALIK PANCHAYAT
 KATARIHARA
 DISTRICT- GOALPARA
ASSAM. PIN- 783129
                                                                                  Page No.# 4/6

            4:THE PRESIDENT OF JALESWAR ANCHALIK PANCHAYAT
             KATARIHARA
             DISTRICT- GOALPARA
            ASSAM. PIN- 783129

            5:THE SUPERINTENDENT OF POLICE
             GOALPARA
             P.O. DURGA MANDIR
             DISTRICT- GOALPARA
            ASSAM. PIN- 783101

            6:THE OFFICER IN-CHARGE
             LAKHIPUR POLICE STATION
             LAKHIPUR
             DISTRICT- GOALPARA
            ASSAM. PIN- 783129

            7:THE OFFICER IN-CHARGE
             JALESWAR POLICE OUT POST
             P.O. JALESWAR
             DISTRICT- GOALPARA
            ASSAM. PIN- 78312

Advocate for the Petitioner   : MR. D A KAIYUM

Advocate for the Respondent : SC, P AND R.D.




                                          BEFORE
                 HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                           ORDER

21-02-2022

Heard Mr. D.A. Kaiyum, learned counsel for the petitioners and Mr. M. Nath, learned Senior Standing counsel, P&RD Department for the respondent Nos. 1 to 3. Also heard Mr. N. Goswami, learned Government Advocate, Assam for the respondent Nos. 5, 6 and 7.

It is stated that the petitioners are Patta holders of land measuring 10 Bighas 10 Lechas at village - Uttar Satvendi, Lat No.7 under Lakhipur Mouza of Lakhipur Revenue Circle, Page No.# 5/6

District-Goalpara.

Petitioners jointly and on a decision of local public established a weekly cattle market i.e., on every Thursday over the said Patta land with due information to the authorities on 18.01.2021 and that the said market started its business on their said Patta land on every Thursday since 21.01.2021 with prior intimation to the Deputy Commissioner, Goalpara.

President of the respondent No.4, Jaleswar Anchalik Panchayat, Katarihara, District - Goalpara lodged an FIR on 02.02.2021 before the Officer-in-Charge of Jaleawar Police Outpost alleging that the petitioners illegally established the said private market without obtaining any prior permission from the Government and the same was registered as Lakhipur P.S. Case No.73/2021 under Sections 188/420/406/34 IPC and thereafter, police personnel from the Lakhipur Police Station and Jaleswar Police Outpost have restrained the petitioners in carrying on their business of cattle on the said weekly cattle market over their said Patta land.

Petitioners stated that a Division Bench of this Court vide judgment and order dated 30.03.2009 passed in the case of Rupam Talukdar -Vs.- State of Assam and Ors reported in 2009 (4) GLT 126 declared Rule 47 of the Assam Panchayat (Financial) Rules, 2002 to be ultravires and as such the respondents more particularly, the Jaleswar Anchalik Panchayat, Katarihara, Goalpara cannot asked for any charge/tax etc., from the said private cattle market established on the Patta land of the petitioners, noted above.

Being aggrieved with such actions of the respondents in the Jaleswar Anchalik Panchayat as well as police personnel of Lakhipur Police Station and Jaleswar Police Out post, the petitioners have preferred this writ petition.

After such stoppage of said weekly cattle market over their said Patta land, the petitioners have approached the Deputy Commissioner, Goalpara and submitted a representation on 30.03.2021 before it. According to the petitioners, the said representation is still pending for disposal.

Issue notice, returnable by 16.03.2021.

As Mr. M. Nath, learned Senior Standing counsel, P&RD Department and Mr. N. Goswami, learned Government Advocate, Assam have accepted notices on behalf of the Page No.# 6/6

respondent Nos. 1 to 3 and 5 to 7 respectively, no formal notices need be issued to those respondents.

Petitioners shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. M. Nath, learned Senior Standing counsel, P&RD Department and Mr. N. Goswami, learned Government Advocate, Assam by tomorrow, obtaining necessary acknowledgement from them in that regard.

Petitioners shall take step for service of notice on the respondent No.4 by Registered post with A/D by tomorrow, providing its correct and proper address with requisite postal stamps.

In addition to the above, the petitioners shall also take step for service of notice on the respondent No. 4 by Dasti/Personal service to be routed thorough the Registry of this Court. Such Dasti/Personal service shall be made on the respondent No. 4 obtaining its signature with the date in presence of one or more witnesses. Thereafter, the petitioners shall file an affidavit towards completion of such Dasti/Personal service on the respondent No. 4.

On the returnable date, the respondent Nos. 5, 6 and 7 shall apprise the Court about the status of said Lakhipur P.S. Case No.73/2021 filed by the President of the respondent No.4 Jaleswar Anchalik Panchayat, Katarihara, District - Goalpara.

List accordingly.

JUDGE

Comparing Assistant