MURTAZA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) These appeals have been filed against the impugned judgment and order dated 28.4.2008 passed by the Gauhati High Court in Writ Petition (Civil) No. 8081 of 2005.

(3.) The appellants are wholesale vegetable and fruit vendors and were engaged in selling vegetables and fruits at Machkhowa market, Gauhati in the State of Assam since 1995. However, they had to vacate their respective possession of the premises in pursuance to the orders of the Gauhati High Court. Machkhowa market is situated close to the railway station and is inside the city and the land thereon has been allotted to the Department of Handloom and Textiles, Government of Assam for the purpose of construction of an administrative building. For this purpose it was proposed to remove the appellants and other wholesale vendors from the Machkhowa market, and instead a new market has been constructed at Ganeshguri. It was submitted by the appellants and others that there is not enough space in the Ganeshguri municipal market for the appellants and others. We are not referring to the various orders issued by the Gauhati High Court from time to time.