JOYNAL ABEDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Mazumdar, learned senior counsel appearing for the appellants, who filed W.P.(C) No. 2988/08, the rejection and disposal of which on 22.8.08, led to filing of the present intra Court Appeal. Also heard Mr. P. S. Deka, learned Govt. Advocate, Mr. D.C. Mahanta, learned senior counsel appears for respondent No. 3 and Mr. M.U. Mandal who represents the private respondent.

(2.) In the WP(C) No. 2988/08, the order dated 30.6.08 issued by the Chief Executive Officer, Zilla Parishad, Dhubri was put to challenge whereby a decision was taken to settle the Gowalerchar Babarhat Bazar (hereinafter referred to as the "Bazar"), under Nayeralga Development Block on experimental basis for one month w.e.f 1st July, 2008 to 31st July, 2008. The writ petitioners contended that the market was established as a private Bazar on their patta land in the year 1998 and therefore the Zilla Parishad has no authority to give settlement of the said Bazar.

(3.) The respondent No. 5 filed counter affidavit contending that the Bazar has been set up on Govt. khas land and it was averred that some of the sheds in the Bazar have been constructed out of Govt. funds under different development schemes of the government.