GAUHATI HIGH COURT ISSUES ORDER ON HUMAYUN KABIR AND ANR V/S THE STATE OF ASSAM AND ORS

GUWAHATI, India, Sept. 19 -- Gauhati High Court issued the following order on Aug. 20:

1. Heard Mr. B. Rahman, the learned counsel appearing on behalf of the petitioners. Mr. S. Dutta, the learned Standing Counsel, P&RD Department appears on behalf of the respondent Nos. 1 and 4; Mr. R. Talukdar, the learned Government Advocate appears on behalf of the respondent No. 2 and Mr. K. Kalita, the learned counsel appears on behalf of the respondent No. 5.

2. Mr. B. Rahman, the learned counsel appearing on behalf of the petitioners at the outset submitted that the petitioner No. 2 would not like to press the instant petition and further submitted that his name may be struck off.

3. Taking into account the above, the name of the petitioner No. 2 is struck off and the instant writ petition is being taken up only at the behest of the petitioner No. 1.

4. The learned counsel appearing on behalf of the petitioner submitted that in spite of the directions passed by this Court on 29.11.2024 in WP(C) No. 5993/2024 along with other writ petitions, whereby this Court interfered with the Cabinet decision dated 27.06.2024 as well as the impugned Notification dated 29.06.2024 insofar as granting extension to the existing lessees till new tenders are not issued, the respondent No. 4 has issued a communication dated 01.07.2025 in the camouflage of granting a temporary settlement has granted an extension to the previous settlement holder w.e.f. 01.07.2025 until further orders.

5. The learned counsel appearing on behalf of the petitioner further submitted that the said settlement which had been made in favour of the respondent No. 5 was done in spite of the fact that the notice was issued for settlement of various Bazaar/Hat/Meen-Mahal/Pond for the period 2025-26 vide the notice dated 26.06.2025. He therefore submitted that the said settlement so granted is contrary to the directions passed by this Court in the judgment and order dated 29.11.2024 passed in WP(C) No. 5993/2024.

6. The learned counsel for the petitioner further submitted that the minimum Government value as per the tender notice dated 26.06.2025 for the Ambachowk Cattle Market is Rs.16,50,000/-. However, the respondent No. 4 has issued the temporary settlement order in favour of the respondent No. 5 by permitting him to pay only a meager amount of Rs. 2,404/- weekly, which clearly shows that the respondent No. 4 has acted in a manner which is not only unfair and unjust, but also is against public interest.

7. Mr. S. Dutta, the learned Standing Counsel for the P&RD Department submitted that it appears that the respondent No. 4 was not aware of the judgment and order dated 29.11.2024 passed in WP(C) No. 5993/2024 and as such, had issued the impugned temporary settlement order dated 01.07.2025.

8. Mr. K. Kalita, the learned counsel appearing on behalf of the respondent No. 5 submitted that taking into account that somebody has to run the weekly market, the Zilla Parishad was well within its jurisdiction in terms with Section 105(5) of the Assam Panchayat Act, 1994 to grant the temporary settlement order dated 01.07.2025 in favour of the respondent No. 5.

9. This Court has duly taken note of that the law is well settled that there cannot be an extension granted in terms with the Assam Panchayat Act, 1994 as amended up to date. This Court has duly perused the temporary settlement order dated 01.07.2025 issued by the respondent No. 4 in favour of the respondent No. 5. From a perusal of the said temporary settlement order, it transpires that the respondent No. 4 has chosen the respondent No. 5 to allow him to run the Ambachowk Cattle Market w.e.f. 01.07.2025 until further orders. No reasons have also been assigned, as to why, the respondent No. 5 has been chosen except that the respondent No. 5 was the previous lessee.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xzjItoQUlYmz2lzI8jzpnhHsIWwqWrmJf2EmWsJqobhv&caseno=WP(C)/4793/2025&cCode=1&cino=GAHC010186852025&state_code=6&appFlag=)

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