JUDGMENT : DEVASHIS BARUAH, J. 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 & 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-GoHat 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 09.01.2017 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 dated 28.07.2017 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 dated 28.07.2017 being pertinent to the adjudication of the instant dispute is reproduced hereinunder: “In view of the discussions made herein above, I am of the view that the writ petition must succeed and is hereby allowed. The respondents are, therefore, restrained from interfering in any manner with the operation of the private market established by the petitioner. The said direction is, however, subject to observance of provisions of the relevant Rules and regulations that would normally be applicable in the operation of the said market. The respondents are, therefore, restrained from interfering in any manner with the operation of the private market established by the petitioner. The said direction is, however, subject to observance of provisions of the relevant Rules and regulations that would normally be applicable in the operation of the said market. The writ petition is disposed of accordingly.” 4. The petitioner thereupon started operating the market regularly on Tuesdays and Saturdays in a week without any interference from the concerned authority. However, in the month of April, 2020, the State respondents on account of the Covid Pandemic had directed for the closure of all Haats/Gohats of the State and accordingly the petitioner’s market was closed. 5. Be that as it may, in the month of June 2021, the petitioner again started to operate the said market, but the Police Personnel of Fakirganj Police Station directed that petitioner not to operate the market without a written permission from the District Administration. The petitioner on enquiry could come to learn that the said action had been taken by the Police Officials on the ground of amendment to the Assam Cattle Preservation Act, 2021 which was amended by the Assam Cattle Preservation (Amendment) Act, 2021. 6. It is the case of the petitioner that in terms with the Assam Cattle Preservation Act, 2021 there is no bar in carrying on the buying and selling of cattle. It is, however, the case of the petitioner that in the name of the Assam Cattle Preservation Act, 2021, the respondents have completely barred the petitioner to carry out any business of buying and selling in the private market of the petitioner. It is under such circumstances, that the petitioner has submitted representations to the District Commissioner, Dhubri as well as to the District Commissioner, South Salmara, Mankachar, but nothing was done by these Officials, for which, the petitioner approached this Court by filing the present writ petition. 7. The record reveals that this Court vide an order dated 14.09.2022 issued notice and further directed the respondent No.5 that no undue interference be caused to the petitioner in operating the market, without following the due process of law. This interim order thereupon had been continuing from time to time. 8. Mr. 7. The record reveals that this Court vide an order dated 14.09.2022 issued notice and further directed the respondent No.5 that no undue interference be caused to the petitioner in operating the market, without following the due process of law. This interim order thereupon had been continuing from time to time. 8. Mr. S Dutta, the learned Standing Counsel, P & RD Department submitted before this Court that in view of the amendment made to the Assam Panchayat Act, 1994 by the Assam Panchayat (Amendment) Act, 2023 (for short, the Amending Act of 2023) and the substitution of Section 107; a person, who is operating a private market within the jurisdiction of a Gaon Panchayat can only do so with the approval of the concerned Panchayat authorities as well as the Government. The learned counsel further submitted that in terms with Rule 7 of the Assam Cattle Preservation Rules 2022, if an Agency or a Firm carries on any business of selling or transferring cattle, the same shall be done upon registration being carried out under the Assam Cattle Preservation, Act, 2021. The learned counsel further referring to a judgment of the learned Coordinate Bench of this Court in the case of Abdus Salem Ahmed and 3 Others Vs. State of Assam in WP(C)No.2223/2023 dated 12.05.2023 submitted that without the Registration Certificate issued by the competent authority, no Agency or Firm can carry out the trading of cattle. 9. The learned Standing Counsel for the P & RD Department further submitted that vide the Notification bearing No. PLB.78/2021/411 dated 25.07.2022 which was published in the Assam Gazette on 27.07.2022, the powers in terms with Section 10 of the Assam Cattle Preservation Act, 2021 have been delegated to the District Magistrate or his authorised representative as the designated competent authority. The learned counsel, therefore, submitted that even for operating a private haat, the twin requirements in terms with Section 107 of the Assam Panchayat Act, 1994 as amended by the Amending Act of 2023 for obtaining permission from the Panchayat authorities as well as from the Government as well as permission from the competent authority as per the Assam Cattle Preservation Act, 2021 i.e. the District Magistrate or his authorised representative have to be satisfied. 10. Mr. 10. Mr. AK Sarma, the learned counsel appearing on behalf of the petitioner, however, submitted that the petitioner has been running the business since the year 2010. He, further, submitted that earlier Section 107 of the Assam Panchayat Act, 1994 was held to be unconstitutional by a Division Bench of this Court in the case of Rupam Talukdar Vs. State of Assam and others, reported in 2009 (4) GLT 126 and, therefore, submitted that on the basis of the said Section 107, the petitioner cannot be imposed a restriction in running his private market. He further submitted that he had duly submitted representations before the District Magistrate, who is the District Commissioner as would be seen from the representations enclosed to the writ petition, but the District Magistrate had not taken any action, for which, the petitioner had to approach this Court. 11. Upon hearing the learned counsels appearing on behalf of the parties and also after taking into account the materials on record, it transpires that in terms with Section 107 of the Assam Panchayat Act, 1994 as was inserted by the Assam Panchayat (Amendment) Act, 2023, (Amending Act of 2023), there is a requirement for obtaining permission from the concerned Panchayat authorities as well as the Government for operating any private haats within the jurisdiction of the Gaon Panchayat. Section 107 as it stands today pursuant to the amendment made by the Amending Act of 2023 reads as under: “107. No private haats, ghats and fisheries shall be allowed to operate within the area under the jurisdiction of a Gaon Panchayat without prior approval of the concerned Panchayat authorities and Government. The Panchayat shall impose such fees as may be prescribed.” 12. This Court further finds it very pertinent to deal with the submissions made by Mr. AK Sarma, the learned counsel for the petitioner while referring to the judgment of the learned Division Bench of this Court in the case of Rupam Talukdar (supra) to the effect that Section 107 has been declared to be constitutionally invalid. This Court duly takes note of the provisions of Section 107 as it stood earlier which was the subject matter before the learned Division Bench in the case of Rupam Talukdar (supra). This Court duly takes note of the provisions of Section 107 as it stood earlier which was the subject matter before the learned Division Bench in the case of Rupam Talukdar (supra). From a perusal of Section 107 as it stood then, the power of settlement of private haats under the jurisdiction of the Gaon Panchayat was vested in a Standing Committee which was held to be constitutionally invalid in terms with Article 300 A of the Constitution. However, a perusal of Section 107 as quoted hereinabove inserted vide the Amending Act of 2023 would show that by the said provision, the Legislature in order to regulate the private haats/ghats/fisheries within the jurisdiction of the Gaon Panchayat had stipulated the requirement of a prior approval of the concerned Panchayat authorities and the Government before operating the private haat. 13. This Court further finds it pertinent to observe that the amended Section 107 as it stand today is the law holding the field until the same is amended, substituted or interfered with. 14. This Court further take note of the Assam Cattle Preservation Act, 2021 as well as the Rules framed thereinunder. It is very pertinent at this stage to take note of the Sub-Section (4) of Section 7 of the Assam Cattle Preservation Act, 2021 which stipulates that the competent authority may issue permit to an Agency or Firm registered under the Assam Animal Husbandry and Veterinary Department, Assam for transport of cattle for bonafide agricultural or animal husbandry purpose or for transportation of cattle for trade, for the said purposes as may be prescribed in the Rules framed under the said Act. 15. This Court further takes note of Rule 7 of the Assam Cattle Preservation Rules, 2022 which further stipulates as to how the registration of Agency or Firm is required to be done. It further stipulates that upon such registration the competent authority shall issue a registration certificate. 16. This Court further finds it apposite to also take note of Rule 10 of the Assam Cattle Preservation Rules 2022 which stipulates that the Animal Market Committee shall issue proof of sale and purchase of cattle as per the provisions of Sub-Section (2) of Section 10 of the Assam Cattle Preservation Act, 2021 in Form G annexed to the said Rules. 17. 17. It is also very relevant herein to observe that vide the Notification dated bearing No. PLB.78/2021/411 dated 25.07.2022 which was published in the Assam Gazette on 27.07.2022, the State Government had delegated the power under Section 10 to the District Magistrate or his authorised representatives as the designated competent authority. 18. In the backdrop of the above, if the aforesaid provisions of law are applied and taking into consideration the direction passed by this Court in WP(C)No.763/2017, it would transpire that this Court had permitted the petitioner to carry out the operation of the private market without the interference from the respondents subject to observance of the provisions of the relevant Rules and Regulations that would normally be applicable in the operation of the market. Under such circumstances, it is, therefore, the opinion of this Court that if the petitioner wants to run his private market without the interference of the respondents, the petitioner has to comply with Section 107 of the Assam Panchayat Act of 1994 as amended vide the Amending Act of 2023. Further, if the petitioner wishes to trade in cattle, the mandate of the provisions of the Assam Cattle Preservation Act, 2021 and the Rules framed thereinunder as noted above have also to be complied with. 19. Accordingly, the instant writ petition stands disposed of with the following observation(s) and direction(s): (i). The petitioner herein would be entitled to run his private market i.e. Dakurbhita Natun Bazar Hat-GoHat situated at Fakirganj under Nashkara Gaon Panchayat subject to compliance with the provisions of Section 107 of the Assam Panchayat Act, 1994 as amended vide the Amending Act of 2023. Further if the petitioner wishes to allow trading in cattle, the provisions of the Assam Cattle Preservation Act, 2021 and the Rules framed thereinunder have to be complied with. (ii). Mr. AK Sarma, the learned counsel appearing on behalf of the petitioner submitted that the petitioner would file appropriate application seeking the necessary approval/permission. This Court observes that in the circumstance, applications are filed, the respondent authorities shall consider the same, keeping in mind that delay in disposal of such application would impact the petitioner’s right to carry out his business without reasonable cause. This Court observes that in the circumstance, applications are filed, the respondent authorities shall consider the same, keeping in mind that delay in disposal of such application would impact the petitioner’s right to carry out his business without reasonable cause. This Court, therefore, observes that if such applications are filed as per the mandates of the Assam Panchayat Act, 1994 and the Rules framed thereinunder as well as the Assam Cattle Preservation Act, 2021 and the Rules framed thereinunder, the same shall be considered by the competent authorities as per the applicable provisions of law within a period of 60(sixty) days from the date of such application(s). (iii). This Court had passed the aforementioned directions taking into account Section 107 of the Assam Panchayat Act, 1994 as substituted vide the Amending Act of 2023 to be a valid piece of legislation. The direction(s) and observation(s) made hereinabove shall not prejudice the petitioner to assail Section 107 of the Assam Panchayat Act, 1994 as substituted vide the Amending Act of 2023, if so advised. 20. The interim order passed earlier stands vacated. 21. With the above, the writ petition stands disposed of.