Fish vendors approached the Gauhati High Court fearing eviction from the old fish market in Dhan Bazar. The judge dismissed the petition, recording that the court is satisfied based on the respondent counsel's statement that the status quo was maintained.
None. The writ petition was disposed of based on the statement of counsel for the respondent.
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GAHC010014482018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 414/2018
1:SUKMAL ALI
S/O. MAKKAR ALI, R/O. BAGHPARI, P.O. MANGALDAI, P.S. MANGALDAI, DIST. DARRANG, ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, MUNICIPAL ADMINISTRATION DEPTT., DISPUR, GHY.
2:THE DY. COMMISSIONER DARRANG.
3:THE MANGALDAI MUNICIPAL BOARD REP. BY ITS CHAIRMAN P.O. AND P.S. MANGALDAI DIST. DARRAN
Advocate for the Petitioner : MR. S BANIK
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C) 2432/2017
1:JAGADISH RAJBONGSHI and 3 ORS. S/O MANMOHAN RAJBONGSHI R/O PRAFULLA NAGAR PUB MANGALDOI P.S. MANGALDOI DIST. DARRANG ASSAM
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VERSUS
1:THE STATE OF ASSAM and 22 ORS. REP. BY THE ITS SECRETARY TO THE GOVT. OF ASSAM MUNICIPAL ADMINISTRATION DISPUR GUWAHATI-6.
Advocate for the Petitioner : MR. K K DUTTA Advocate for the Respondent : MR.T J MAHANTASr.Adv.R- 2and3
BEFORE
HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 02-04-2018
Heard Mr. S. Banik, learned counsel appearing for the petitioners, who are 62 in number. Also heard Mr. P. P. Dutta, learned counsel appearing for respondent No. 3, i.e., Mangaldoi Municipal Board as well as Mr. A. Chakraborty, learned State counsel appearing for respondent Nos. 1 and 2.
The petitioners sell fish in Mangaldoi Daily Market in the existing and old fish market in Dhan Bazar. A new structure was constructed by the Mangaldoi Municipal Board (for short, “the Board”) and the Board issued a notice dated 13.05.2016 inviting applications from persons engaged in the business of fish for allotment of Bheti (seats/place) in the newly constructed structure. The petitioners had unsuccessfully participated in the said selection process. Coming to learn that the authorities are contemplating to convert the existing old fish market, where the petitioners are doing their business, for some other use, the petitioners, being apprehensive of their eviction, have approached this court with a prayer to allow them to continue their business of selling fish in the old existing fish market in Dhan Bazar.
Mr. Dutta has submitted that the apprehension expressed by the petitioners that they
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will be evicted is entirely misplaced because by a resolution adopted on 12.05.2016, status quo was resolved to be maintained in respect of the old fish market while issuing tender for the second fish market.
In view of the above submission of Mr. Dutta, no further adjudication is called for and this writ petition is disposed of recording the statement of Mr. Dutta, as aforesaid.
JUDGE
Comparing Assistant
Sukmal Ali and others
The State of Assam
The Dy. Commissioner Darrang
The Mangaldoi Municipal Board
Arup Kumar Goswami
As recorded by the court registry
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