Page No.# 1/3 vs The State Of Assam And 9 Ors
2022 Latest Caselaw 4110 Gua

                                                               Page No.# 1/3

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.# 2/3

             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
                                                                       Page No.# 3/3


                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                    ORDER

Date : 26.10.2022

The Chief Executive Officer of Nalbari Zilla Parishad to remain personally present before the Court to explain as to why an amount of Rs. 1,05,000/- had been accepted by the Nalbari Zilla Parishad from the petitioner Amzad Ali towards settlement of a market over a private plot of land. The power to settle market over a private plot of land under Section 107 of Assam Panchayat Act, 1994 had already been held to be unconstitutional by this Court by striking out the provisions of Section 107 of Assam Panchayat Act, 1994 in its judgment dated 30.03.2009 in WP(C) No. 3828/2008. List on 04.11.2022.

JUDGE

Comparing Assistant