Disposed

Altaf Hussain and 10 Ors. v. the State of Assam and 5 Ors.

Gauhati HC9 Mar 2022WP(C)/1454/2022

Case brief

AI extract

What is this about?

Petitioners challenged the non-disposal of a representation regarding encroachments and lack of facilities at Gournagar Bazar. The Court disposed of the writ petition at the motion stage, directing the Deputy Commissioner to decide the representation with reasoning and site verification within 60 days.

What did the court decide?

Direction to Deputy Commissioner, Goalpara to dispose of the representation dated 05.02.2022 with a reasoned order following due procedure and site verification within 60 days.

Altaf Hussain and 10 Ors. Vs the State of… — Public Procurement and Tenders | Gauhati HC (2022)

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GAHC010035142022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1454/2022

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ALTAF HUSSAIN AND 10 ORS

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S/O LATE AFIL UDDIN, VILL- CHAIBARI MUSLIMPARA, P.O.-GOURNAGAR, P.S.-LAKHIPUR, DIST- GOALPARA (ASSAM), PIN-783132

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2: JOHIRUL ISLAM S/O LT. ABU BAKKAR SIDDIQUE VILL-SLABARI PART-III P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-783132

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3: AKTAR HUSSAIN S/O LATE SHEHAR ALI P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-783132

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4: KALACHAN ALI S/O LATE MANTAJ ALI VILL-SALBARI PT.III P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-783132

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5: ALIMUDDIN MOLLAH S/O LATE HACHEN ALI MOLLAH VILL-SALBARI PT-I P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-783132

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6: ZULFIKAR ALOM HOQUE S/O LATE MOSTAFIJUL HOQUE VILL-SALBARI PT.-I P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-783132

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7: MAHIRUL HAQUE S/O LATE MAHEJ SHEIKH VILL-SALBARI PT.-I P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-783132

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8: SAMSUL HAQUE S/O LATE KACHIRUDDIN SHEIKH VILL-SALBARI PT.-I P.O.-GOURNAGAR P.S.-LAKHIPURDIST- GOALPARA (ASSAM) PIN-783132

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9: ABDUL MAZID SK S/O LATE HAJI ABUL KASHEM VILL-SHALDOWA PT.II P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-783132

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10: SHAHABUDDIN AHMED S/O MORTUZ ALI PARAMANIK VILL-SALBARI PT-I P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-783132

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11: JOYNAL ABDIN S/O ABED ALI SHEIKH VILL-SALBARI PT.III P.O.-GOURNAGAR P.S.-LAKHIPUR DIST- GOALPARA (ASSAM) PIN-78313

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GHY-06

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-06 3:THE DEPUTY COMMISSIONER GOALPARA ASSAM PIN-783101 4:THE CHIEF EXECUTIVE OFFICER OF GOALPARA ZILLA PARISHAD PIN-783101 5:THE CIRCLE OFFICER LAKHIPUR REVENUE CIRCLE LAKHIPUR P.O. AND P.S.-LAKHIPUR DIST- GOALPARA PIN-783129 6:THE BLOCK DEVELOPMENT OFFICER JALESWAR DEV. BLOCK P.O.-JALESWAR P.S.-LAKHIPUR DIST- GOALPARA ASSAM PIN-78313

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Advocate for the Petitioner : MR. A F N U MOLLAH Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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09-03-2022

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Heard Mr. A. F. N. U. Mollah, learned counsel for the petitioners and Mr. J. Handique, learned Government Advocate, Assam for the respondent Nos. 1, 3 & 5. Also heard Mr. A. Roy, learned

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Standing counsel, P&RD Department for the respondent Nos. 2, 4 & 6.

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The contention of the petitioners herein is that they are the residents of different Revenue Villages of No. 4 Gournagar Gaon Panchayat under Jaleswar Anchalik Panchayat of 39 Jaleswar Assembly Constituency in the district of Goalpara.

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It is stated by the petitioners that though Gournagar Bazar under Lakhipur Police Station of Goalpara District was established on the total allotted area of land measuring 12 Bighas 8 Lechas but it has now been reduced to 3 Bighas of land only as large numbers of encroachers encroached the said land of the Gournagar Bazar and constructed permanent structure over it.

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It is also stated by the petitioners that there is no proper drainage system or any other public facilities including drinking water facilities and toilet etc. in the said market and presently, the said market is running within 3 Bighas of land in a most unhygienic condition.

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Petitioners also stated that since last more than 15 years, there is no market committee of said Gournagar Bazar and taking such advantage, the encroachers are illegally running their respective business in the premise of said Bazar without paying any tax, by which the State is losing its revenue.

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For the said purpose, the petitioners submitted representation before the Deputy Commissioner, Goalpara, respondent No. 3 on 05.02.2022 praying amongst others for taking necessary steps for a prompt field level enquiry to evict the encroachers from the said Bazar and also to appoint a managing committee to regulate and look after the affairs of said Gournagar Bazar in the public interest. It is stated that the said representation of the petitioners is still pending for consideration.

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Being aggrieved, the petitioners have preferred this writ petition directing the respondent authorities to evict the encroachers/illegal and un-authorised occupants from the said Gournagar Bazar premises and to appoint a reguler market committee for the said Bazar, noted above.

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Mr. Mollah, learned counsel for the petitioners also placed a copy of the judgment dated 13.11.2018 passed by this Court in WP(C) No. 7199/2018 (Dinesh Chandra Chakraborty and 76 others Vs. State of Assam in the Panchayat and Rural Development Department and others) and other connected cases that relate to Hatsingimari Super Market of South Salmara, Mankachar district.

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After hearing the learned counsels for the parties and considering the entire aspects of the matter, this writ petition is disposed of at the motion stage itself directing the Deputy Commissioner, Goalpara, respondent No. 3 to dispose of the representation of the petitioners dated 05.02.2022 with a reasoned order following the due procedure and in accordance with law and by taking necessary

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action in the matter after considering the relevant land records and joint site verification of the land of said Gournagar Bazar. Such representation of the petitioners shall be disposed of by the Deputy Commissioner, Goalpara, respondent No. 3 within a period of 60 (sixty) days from the date of receipt of certified copy of this order to be furnished by the petitioners, intimating them about the outcome of their said representation.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Altaf Hussain and 10 Ors. v. the State of Assam and 5 Ors.

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Altaf Hussain and 10 Ors. v. the State of Assam and 5 Ors.

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