Rofiqul Islam and 2 Ors. v. the State of Assam and 6 Ors.
Case brief
What is this about?
The Gauhati High Court dismissed a writ petition seeking a directive for settling a market via tender. The Court found the claim unproven as respondent authorities stated no such market operated on the disputed land. The petition was closed, but liberty was granted for fresh approach with substantive evidence of illegitimate operation.
What did the court decide?
recusal
What the court decided
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GAHC010097902021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3207/2021
ROFIQUL ISLAM AND 2 ORS. S/O. LT. RAHIZ UDDIN, VILL. SATRA MOINBARI, P.O. MOINBARI, P.S. KALGACHIA, DIST. BARPETA, ASSAM.
2: SHAHANUR ISLAM S/O. FAZLUL HOQUE VILL. SATRA MOINBARI P.O. MOINBARI P.S. KALGACHIA DIST. BARPETA ASSAM. 3: AZMAL HOQUE S/O. KABIL UDDIN VILL JAURIMARI P.S. KALGACHIA DIST. BARPETA ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI781006.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR PANJABARI GUWAHATI-37.
3:THE DY. COMMISSIONER
Issues for consideration
3 issues framed by the court
Whether a direction can be issued for settling the market by tender process in the absence of evidence that the Panchayat department is operating the market.
Whether the petitioner has any vested legal right to have a direction for issuance of NIT for the settlement of the market.
Whether liberty remains with the petitioners to approach the Court again if further materials substantiate that the market is being operated illegitimately.
Parties & counsel
- petitioner
ROFIQUL ISLAM AND 2 ORS.
- respondent
THE STATE OF ASSAM AND 6 ORS.
Coram
ACHINTYA MALLA BUJOR BARUA
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · November
- Registered
- Case no.
- WP(C)/3207/2021
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