RUPAM TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE writ petition is filed with the prayer as follows :-

(2.) THE facts leading to the presentation of the writ petition are as follows :-The petitioner's father one Shri Abala Kanta Talukdar established a market in the year 1979 on a piece of his patta land bearing KP Patta No. 30, Dag No. 224 covering a total area of six bighas. Admittedly the Paschim Chaygaon Gaon Panchayat was collecting some money from the above mentioned Shri Abala Kanta Talukdar and granting "permission/license" to operate his private market year to year upto 30th June, 2002. Thereafter the petitioner claimed that the above mentioned piece of property was transferred to the petition by his father and the transfer was mutated in the revenue records. Thereafter the petitioner was also running the above mentioned private market from year to year though he has been paying some amounts, the details of which may not be necessary for the purpose of this writ petition, year to year to the Gaon Panchayat.

(3.) WHEN the so called permission granted by the Gaon Panchayat for the period commencing from 1. 7. 2006 to 30. 6. 2007 nearing completion the petitioner made an application dated 28. 5. 2007 before the respondent authority for granting of a "license" for the said private market for the year 2007-08. It appears that on earlier period, that is, for the Panchayat year 2006-07 when the petitioner was accorded with such permission by the Gaon Panchayat to run the market some body challenged such arrangement by way of W. P (C) No. 4829/06 on the ground that the said settlement in favour of the writ petitioner was not preceded by any tender process. The said writ petition was eventually disposed of by an order dated 20. 6. 2007 by a learned Judge of this court directing the first respondent to examine the matter in its entirety, having regard to the rival claims of the petitioners therein and the petitioner herein, who was the respondent in the said writ petition.