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2025 DAILYLAW 10604 (GAU)

GOLAGHAT NAGAR SAPTAHIK MODI BAZAR COMMITTEE v. THE STATE OF ASSAM AND 6 ORS.

WP(C)/2025/2025 · 2025-04-22

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010076072025 2025:GAU-AS:4818 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2025/2025 GOLAGHAT NAGAR SAPTAHIK MODI BAZAR COMMITTEE TO BE REP BY ITS PRESIDENT, AND SECRETARY ACCORDINGLY, 1. PARIKSHIT SAIKIA, AGE 51YEARS. S/O LATE INDRESWAR SAIKIA BYE LANE ONE, WARD NO. 10, GOLAGHAT, P.O.AND P.S. GOLAGHAT DIST. GOLAGHAT, ASSAM PIN-785621 2. PARKASH PRATIM BORA, AGE 48 YEARS, C/O BIREN BORA R/O NEAR BENGENAKHOWA GAON, PANCHAYAT , PURANA AMULLAPATTY P.O. AND P.S. GOLAGHAT, DIST. GOLAGHAT, ASSAM PIN-785621 VERSUS THE STATE OF ASSAM AND 6 ORS. TOBE REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR, GUWAHATI-6 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER DIST. GOLAGHAT ASSAM 4:THE CHAIRMAN GOLAGHAT MUNICIPALITY BOARD BOARD Page No.# 2/3 DIST. GOLAGHAT ASSAM 5:THE EXECUTIVE OFFICER GOLAGHAT MUNICIPALITY BOARD GOLAGHAT ASSAM 6:THE CHAIRMAN ASSAM CHAMBERS OF COMMERCE FANCY BAZAR GUWAHATI-1. 7:THE PRESIDENT UNITED CHAMBERS OF COMMERCE DIST. GOLAGHAT ASSA Advocate for the Petitioner : MR. A K AZAD, H ALAM Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 23.04.2025 Heard Mr. A.K. Azad, learned counsel for the petitioners. The petitioners’ claims that they are small vendors of a market namely, “Golaght Nagar Saptahik Modi Bazar” and it is their case that their source of livelihood is the aforesaid shops and that they do not continuously run their shops and rather, they sell their products only on Sundays from the street and in a sense they are street vendors and therefore, they have a right to continue with such vending in terms of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the rules framed by the State of Assam in this regard. Page No.# 3/3 It is their case that they have filed a representation before the District Commissioner, who in turn had asked for a report, however, without submission of such report, they are sought to be shifted to another place. It is their further contention that, if they are shifted at this stage of the ensuing festival of bihu, they will suffer serious losses. Mr. H Sarma, learned senior Government Advocate submits that the District Commissioner, Golaghat has heard the petitioners and passed a speaking order on 19.04.2025 and requested the Golaghat Municipal Board to consider the matter in terms of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the rules framed thereunder, and to determine whether the petitioners are street vendors or not and if so, to explore the possibilities of providing alternate place for the shopkeepers of the market. Be that as it may, as already a decision is taken, no substantive cause of action remains for the present petition and accordingly, the same stands closed, however, the petitioners shall be at liberty to approach this court if they are aggrieved by the order dated 19.04.2025. This disposes the writ petition. The communication from the District Commissioner, Golaghat to Mr. H Sarma, Additional Senior Govt. Advocate, Assam is kept on record. JUDGE Comparing Assistant