ABUL KASHEM CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AK Sarma, the learned counsel appearing on behalf of the petitioner. Mr. G Bokolial, the learned Government Advocate, Assam, who appears on behalf of respondent Nos.1, 3, 4, 5 and 7 and Mr. S Dutta, the learned Standing Counsel, P and RD Department, Govt. of Assam, who appears on behalf of respondent Nos.2 and 6.

(2.) The petitioner herein is aggrieved by the action on the part of the respondent authorities thereby not allowing the petitioner to operate the Dakurbhita Natun Bazar Hat-Go Hat situated at Fakirganj under Nashkara Gaon Panchayat. It is the case of the petitioner that the petitioner had established a haat/market in the name of Dakurbhita Natun Bazar Hat-GoHat in the year 2010 over his own patta land ad measuring 5 bighas 4 kathas 10 lechas situated at Fakirganj under Nashkara Gaon Panchayat in the district of Dhubri. On 27/12/2016, the police from the Fakirganj Police Station arrived at the said market and instructed the petitioner to furnish order of settlement, if any, issued by the concerned Gaon Panchayat or Anchalik Panchayat permitting him to operate the said market.

(3.) Being aggrieved by such an action, the petitioner filed a representation on 9/1/2017 before the Deputy Commissioner, Dhubri. As the petitioner did not receive any favourable response, the petitioner approached this Court and filed a writ petition being WP(C)No.763/2017. This Court vide the order dt. 28/7/2017 allowed the said writ petition thereby restraining the respondents from interfering in any manner with the operation of the private market established by the petitioner. This Court further observed while issuing the said directions by making it clear that the said directions shall be subject to observance of provisions of the relevant Rules and Regulations that would normally be applicable in the operation of the said market. The relevant portion of the directions passed in the order dtd. 28/7/2017 being pertinent to the adjudication of the instant dispute is reproduced hereinunder: