FARUK AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. P. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. A. Chakraborty, learned State counsel, appearing for respondent No. 2 as well as Mr. A. Bhattacharjee, learned counsel appearing for respondent No. 1. None appears for the other respondents despite service of notice.

(2.) The case of the petitioner is that a plot of land under Dag No. 65 of Mouza Medol Part- III, in the district of Karimganj, fell in the share of the petitioner on family settlement. The petitioner wanted to run a private fish market over the said plot of land and had, accordingly, submitted an application on 04.09.2008 before the respondent No. 3 for granting licence to run the private fish market. By resolution No. 1 adopted on 08.09.2008, the Pirerchak Gaon Panchayat authorised the President and Secretary of the Gaon Panchayat to issue licence and No Objection Certificate. Accordingly, a No Objection Certificate was issued to the petitioner on 09.09.2008. Subsequently, the Gaon Panchayat also issued a licence on 16.06.2011 for the period from 01.07.2011 to 30.06.2012. The market of the petitioner measures about 54 ft. X 26 ft. While the petitioner was running the market, on 27.07.2011, he received a letter dated 25.07.2011 from the respondent No. 4, asking him to remove the market within three days as the Deputy Commissioner, Karimganj, had cancelled the licence by an order dated 19.07.2011.

(3.) A perusal of the order dated 19.07.2011 goes to show that one Ataur Rahman Choudhury, i.e., respondent No. 5 herein, who was the owner of Kanishialb Wholesale Fish Market, had lodged complaints dated 20.06.2011 and 27.06.2011 alleging that Alhaz Abdul Mannan and Khalilur Rahman had started a wholesale fish market illegally. It was observed in the order that the market of the petitioner was within a distance of one Kilometre from the authorised wholesale fish market of the respondent No. 5 and such market was set up without approval of the Standing Development Committee of Pirerchak Gaon Panchayat as required under Section 107 read with Section 22(1)(i) of the Assam Panchayat Act, 1994 read with Assam Panchayati Raj (Administration) Rules, 1973.