KISHORE DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned counsel for the petitioner as well as Mr. M. Nath, learned Standing Counsel for the P&RD Department, respondent Nos. 1, 3 and 4 and Mr. N. Goswami, learned Govt. Advocate appearing for the respondent Nos. 2, 5, 6 and 7. Also heard Mr. S. Sarma, learned counsel appearing for the private respondent No.9.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside and quashing the order dated 05.08.2015 issued by the Chief Executive Officer, Barpeta Zilla Parishad, Barpeta (respondent No.4) and order dated 10.08.2015 passed by the Secretary, 104 No. Niz Bhawanipur Gaon Panchayat with a further direction to allow the petitioner to operate the Bhawanipur Anchalik Pashu Bazar at Bhawanipur.

(3.) In this writ petition it is projected that the said cattle market (Pashu Bazar) was started on 29.03.2004 on a private Patta land measuring 4B1K13L covered by Dag No.957 of Patta No. 76 of VillageNizBhawanipur, MouzaBhawanipur in the district of Barpeta. It is projected that the said market was held on every Monday of the week but due to certain unavoidable reasons, the said market was closed. Thereafter, the petitioner had entered into a fresh agreement with the land owner and the operation of the said Pashu Bazar was restarted on every Monday of the week. Accordingly, the Secretary Niz Bhawanipur Gaon Panchayat (respondent No.8) issued a licence to the petitioner for one year w.e.f. 03.07.2015 to 30.06.2016 for operating the cattle market (Pashu Bazar) on every Monday of the week. Subsequently, on 05.08.2015, the respondent No.4 directed the respondent No.8 to cancel the licence issued to the petitioner and accordingly, on the same day, the respondent No.8 had cancelled the licence of the petitioner to operate the said cattle market.