Enus Ali Vs the State of Assam and 6 Ors.

THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-781006.

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2:THE PRINCIPAL SECRETARY BTC KOKRAJHAR PIN- 783370.

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3:THE SECRETARY MARKET AND FAIRS DEPARTMENT KOKRAJHAR.

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4:THE DISTRICT COMMISSIONER BAKSA PIPN- 781333. 5:THE SUPERINTENDENT OF POLICE BAKSA PIN- 781333. 6:THE OFFICER-IN-CHARGE MUSHALPUR POLICE STATION PIN- 781373.

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7:THE BLOCK DEV. OFFICER

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BAKSA DEV. BLOCK DIST. BAKSA PIN- 781373

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Advocate for the Petitioner : MR. A ROSHID, MS. M R DEVI

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Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 18-07-2025

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Heard Mr. A Roshid, learned counsel for the petitioner, who submits that the impugned letter dated 01.11.2022 issued by the Superintendent of Police (DSB), Baksa, vide Memo No. BSA/DSB/296/2022/1968, had requested the Deputy Commissioner, Baksa to stop the operation of the 5 (five) cattle markets in Baksa district, which are as follows:-

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Sl.	Police	OP/PP	Market Location	Weekly Dist	ance from
No.	Station			Market Inte Bord with	rnational er (Approx) Direction
1.	Barbari PS		Barimakha @	Tuesday/ 35	KM North
			Singra	Saturday Dire	ction
2.	Mushalpur	Doomni OP	Doomni Bazar	Sunday 17	KM North
	PS			Dire	ction
3.	Salbari PS	Anandabazar	Anandabazar	Tuesday/ 20	KM North
		OP		Friday Dire	ction
4.	Gobardhana		Ghoramara	Sunday 25	KM North
	PS		(Katajhargaon)	Dire	ction
5.	Gobardhana PS	Labdanguri PP	Barpeta Milanbazar	Saturday 30 Dire	KM North ction

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2. The petitioner’s counsel submits that the petitioner is interested in operating the Sonapur Cattle Market and due to the letter dated 01.11.2022 issued by the Superintendent of Police (DSB), Baksa, no NIT is being issued with regard to the Sonapur Cattle Market.

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3. On perusing the impugned letter dated 01.11.2022 issued by the Superintendent of Police (DSB), Baksa, it is seen that there is no bar for the Deputy Commissioner, Baksa to settle the Sonapur Cattle Market, as no request for stopping operation of the Sonapur Cattle Market is reflected in the letter dated 01.11.2022.

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4. The above being said, this Court finds that the petitioner has not submitted any representation to the Deputy Commissioner, Baksa for settling the Sonapur Cattle Market after issuance of an NIT.

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5. This Court is of the view that the petitioner should first approach the Deputy Commissioner, Baksa with his grievance and depending upon the reply to be given, the petitioner may approach this Court again.

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6. Ms. P Thapa, learned counsel appearing for the respondent No. 1 as well as Mr. M Chetia, learned counsel appearing for the respondent Nos. 4 to 6 submit that if the petitioner files a representation to the respondent No. 4, a decision would be taken by the respondent No. 4 to the petitioner’s representation.

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7. In view of the consent of the parties, the petitioner is given the liberty to submit a representation to the District Commissioner, Baksa with regard to his

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grievance. In the event, the petitioner submits his representation, the District Commissioner, Baksa should take a decision on the said representation within a period of 1 (one) month, from the date of receipt of the representation and communicate the decision to the petitioner.

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8. The writ petition is disposed of accordingly.

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JUDGE

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Enus Ali v. the State of Assam and 6 Ors.

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Enus Ali v. the State of Assam and 6 Ors.

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