Allowed

Gou Palan Samity v. the State of Assam and 4 Ors.

Gauhati HC4 Feb 2024WP(C)/7419/2023

Case brief

AI extract

What is this about?

The Gauhati High Court directed respondent authorities to decide within three months on the petitioner society's request to establish a Gaushala in South Salmara, Mankachar district under the Assam Cattle Preservation Act, 2021, noting the prolonged inaction.

What did the court decide?

Respondent authorities directed to take a decision on the petitioner's request to run a Gaushala within three months.

Gou Palan Samity Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2024)

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GAHC010287292023

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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)/7419/2023

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GOU PALAN SAMITY

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A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 1980 HAVING ITS OFICE AT HAZIRIHAT, DIST SOUTH SALMARA MANKACHAR, REPRESENTED BY ITS PRESIDENT, RABBI ISLAM,(25 YEARS) S/O AZIAR RAHMAN, VILLAGE KUKILARPAR, PS SUKCHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM, 783131

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT, DISPUR GUWAHATI 06

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2:THE DIRECTOR

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ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT CHENIKUTI GUWAHATI 03

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3:THE DEPUTY COMMISSIONER SOUTH SALMARA MANKACHAR PO AND PS HATSINGIMARI DIST SOUTH SALMARA MANKACHAR

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4:THE SUPERINTEDENT OF POLICE SOUTH SALMARA MANKACHAR PO AND PS HATSINGIMARI DIST SOUTH SALMARA MANKACHAR

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5:THE SUB DIVISIONAL ANIMAL HUSBANDRY AND VETERINARY OFFICER

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SOUTH SALMARA MANKACHAR PO AND PS HATSINGIMARI DIST SOUTH SALMARA MANKACHA

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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05-02-2024

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Heard Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned counsel for the State respondents and Ms. M. M. Kataki, learned counsel for respondent nos. 1, 2 & 5.

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The case of the petitioner is that it is a Registered Society, who has approached the respondents for running a Gaushala in the district of South Salmara, Mankachar under the provisions of Assam Cattle Preservation Act, 2021 . The petitioner’s counsel submits that while the Office of the Deputy Commissioner, South Salmara, Mankachar district, Hatsingimari has, vide letter dated 04.05.2022, asked the petitioner to submit various documents, which the petitioner has done, no final decision has been taken by the District/Deputy Commissioner till date. He, accordingly submits that a direction should be issued to the respondent authorities, to take a decision on the petitioner’s representation/prayer to run a Gaushala.

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The learned State counsel submits that he has no objection with the prayer made by the petitioner’s counsel.

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On considering the fact that the petitioner’s prayer for running a Gaushala has not been decided by the concerned authorities, this Court is of the view that the respondent authorities should take a decision on the same.

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Accordingly, the respondent authorities are directed to take a decision on the

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petitioner’s request to run a Gaushala in the South Salmara, Mankachar district under the provisions of the Assam Cattle Preservation Act, 2021 within a reasonable time and preferably within 3 (three) months from the date of receipt of a copy of this order.

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The writ petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Gou Palan Samity v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Gou Palan Samity v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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