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2025 DIGILAW 2120 (GAU)

Abdul Mozid Son of Late Rostom Ali v. State of Assam Represented By The Additional Chief Secretary To The Government of Assam

2025-12-19

DEVASHIS BARUAH

body2025
JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. K.N. Choudhury, the learned Senior Counsel assisted by Ms. R. Choudhury, the learned counsel appearing on behalf of the petitioners. Mr. M. Chetia, the learned Government Advocate appears on behalf of the respondent Nos. 2, 4, 6 and 7 and Mr. S. Dutta, the learned Standing Counsel, P&RD Department appears on behalf of the respondent Nos. 1, 3, 5 and 8. 2. The petitioners herein have approached this Court challenging the communication dated 10.12.2025 issued by the respondent No. 5, the order dated 11.12.2025 issued by the respondent No. 2 and also the delay in complying with the directions passed by this Court in the judgment and order dated 24.09.2025 in WP(C) No. 237/2025 and 2 (two) other writ petitions. 3. This Court has duly heard the learned Senior Counsel appearing on behalf of the petitioners as well as Mr. S Dutta, the learned Standing Counsel appearing on behalf of the P&RD Department. 4. Taking into account that the issue involved primarily relates to a misconceived interpretation to the directions passed by this Court in its judgment and order dated 24.09.2025, this Court takes up the instant writ petition for final disposal at the Motion stage itself. 5. In the judgment and order dated 24.09.2025 at paragraph No. 45, various directions were passed. The same being relevant are reproduced herein under: “45. Accordingly, this Court, therefore, disposes of the instant batch of writ petitions with the following observation(s) and direction(s): (1) The order dated 07.08.2024 issued by the District Commissioner, Goalpara is set aside and quashed. (2) The order dated 30.09.2024 passed by the Principal Secretary to the Government of Assam Panchayat and Rural Development Department is set aside and quashed. (3) The order dated 30.05.2025 passed by the District Development Commissioner, Goalpara with the approval of the District Commissioner, Goalpara is set aside and quashed. (4) WP(C)No.3389/2025 is dismissed on the ground that the petitioners therein have no locus standi to challenge the order dated 30.05.2025 passed by the District Development Commissioner, Goalpara. (3) The order dated 30.05.2025 passed by the District Development Commissioner, Goalpara with the approval of the District Commissioner, Goalpara is set aside and quashed. (4) WP(C)No.3389/2025 is dismissed on the ground that the petitioners therein have no locus standi to challenge the order dated 30.05.2025 passed by the District Development Commissioner, Goalpara. (5) This Court having set aside the order dated 30.09.2024 passed by the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department directs the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department to again consider as to whether the application so submitted by the petitioners dated 22.08.2024 under Section 107 of the Act of 1994 seeking approval to run the private market can be granted approval or not. The same be considered within a period of 30(thirty) days from the date a certified copy of this judgment is served upon the Principal Secretary to the Government of Assam in the P & RD Department. (6) The petitioners in WP(C)No.237/2025 have already been granted a ‘No Objection Certificate’ by the District Commissioner, Goalpara dated 17.03.2023 in terms with the Act of 2021 and the Rules framed thereinunder for setting up of the animal market at Gournagar Damribhasha Bridge Tiniali Pashuhat. Under such circumstances, the petitioners in WP(C)No.237/2025 shall be bound by the said ‘No Objection Certificate’ and the conditions mentioned therein. (7) The petitioners in WP(C)No.237/2025 shall also be required to obtain the prior approval from the Katarihara Gaon Panchayat i.e. the respondent No.7 in WP(C)No.237/2025 in terms with the mandate of Section 107 of the Act of 1994. (8) WP(C)No.237/2025 and WP(C) No.5157/2025 stand disposed of in terms of the above directions and WP(C) No.3389/2025 stands dismissed. (9) All interim order(s) stand vacated.” 6. At Clause (5) of paragraph No. 45 of the judgment and order dated 24.09.2025, this Court directed the Principal Secretary to the Government of Assam Panchayat and Rural Development Department to consider, as to whether, the application so submitted by the petitioners dated 22.08.2024 under Section 107 of the Assam Panchayat Act, 1994 (for short, “the Act of 1994”) seeking approval to run the private market could be granted or not. This Court further directed the said authority to do the needful within a period of 30 (thirty) days from the date a certified copy of the judgment was served upon the Principal Secretary to the Government of Assam in the P&RD Department. 7. It is seen that on 09.10.2025 itself, a certified copy of the said judgment and order dated 24.09.2025 was served upon the Principal Secretary of the Government of Assam, Panchayat and Rural Development Department. It is submitted by the learned Senior Counsel for the petitioners that till date no steps have been taken in that regard. 8. This Court further finds it relevant to take note of Clause (7) of paragraph No. 45 whereby this Court directed the petitioners to obtain prior approval from the Katarihara Gaon Panchayat i.e. the respondent No. 8 in the present proceedings in terms with the mandate of Section 107 of the Act of 1994. The petitioners thereupon requested the respondent No. 8 for approval to run the private market in terms with the liberty so granted in the judgment and order dated 24.09.2025. The said application was duly received on 07.10.2025. 9. The record further reveals that the Executive Officer, Jaleswar Anchalik Panchayat i.e. the respondent No. 5 rejected the petitioners’ request for permission on the ground that the petitioners’ Hat does not have necessary permission from the Governemnt/Panchayat for its operation vide the impugned communication dated 10.12.2025. 10. It further surprises this Court that the District Commissioner, Goalpara also rejected the petitioners’ request for permission to run the private market on the ground that the petitioners did not produce the No Objection Certificate from the concerned Gaon Panchayat till date. 11. From a perusal of the orders passed by the respondent Nos. 2 and 5 which are impugned in the instant proceedings, it appears that both the respondents failed to take into consideration the fact that the petitioners had already sought for permission to run the private Cattle Market from the Gaon Panchayat as well as from the Government as permitted by this Court in the judgment and order dated 24.09.2025. The concerned authorities were yet to take a decision on the said aspect, but surprisingly both the respondent Nos. 2 and 5 have rejected the permission on a misconceived notion that they have the power to do so. 12. The concerned authorities were yet to take a decision on the said aspect, but surprisingly both the respondent Nos. 2 and 5 have rejected the permission on a misconceived notion that they have the power to do so. 12. Under such circumstances, it is therefore the opinion of this Court that the communication dated 10.12.2025 issued by respondent No. 5 and the order dated 11.12.2025 issued by the respondent No. 2 are required to be interfered with. 13. This Court is also of the opinion that necessary directions are required to be passed taking into account that there was a time limit stipulated by this Court in the judgment and order dated 24.09.2025. 14. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The communication dated 10.12.2025 issued by the respondent No. 5 to the petitioners is set aside and quashed. (ii) The order dated 11.12.2025 passed by the respondent No. 2 is set aside and quashed. (iii) It is submitted that in the P&RD Department there is no longer the post of Principal Secretary, rather, the powers and functions of the said authority are now being exercised by the Additional Chief Secretary to the Government of Assam, Panchayat and Rural Development Department. Accordingly, this Court, therefore, observes and directs that the directions so passed at paragraph No. 45(5) of the judgment and order dated 24.09.2025 in WP(C) No. 237/2025 and 2 (two) other writ petitions shall be read as directions to the Additional Chief Secretary to the Government of Assam, Panchayat and Rural Development Department, Assam. Accordingly, the said authority, who is the respondent No. 1 in the instant proceeding, is directed to dispose of the representation so submitted by the petitioners within a period of 30 (thirty) days from the date a certified copy of the instant judgment is served upon the said authority. (iv) This Court further directs the respondent No. 8 to expeditiously decide the application so submitted by the petitioners seeking permission in terms with Section 107 of the Act of 1994.