Page No.# 1/15 GAHC010069632019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2326/2019 BRIHATTAR GUWAHATI PAIKARI MACH BESA KINA SAMABAI SAMITTEE LTD. AND ANR. A SOCIETY REGD. UNDER THE PROVISIONS OF THE ASSAM CO- OPERATIVE SOCIETIES ACT, 2007 (ACT IV OF 2012) ND HAVING ITS PRINCIPAL PLACE OF BUSINESS AT BETKUCHI, GHY-40, DIST- KAMRUP (M), ASSAM (REP. BY SHRI JITU BARMAN, PRESIDENT OF BRIHATTAR GUWAHATI PAIKARI MACH BESA KINA SAMABAI SAMITI LTD.) 2: JITU BARMAN S/O- LT KUCHAL CH. BARMAN R/O- BANI NAGAR REHABARI GHY-8 DIST- KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, GHY DEVELOPMENT DEPTT., DISPUR, GHY-6 2:GUWAHATI MUNICIPAL CORPORATION A CORPORATION ESTB. UNDER THE PROVISIONS OF THE GAUHATI MUNICIPAL CORPORATION ACT 1971 AND HAS ITS OFFICE AT PANBAZAR GHY-1 DIST- KAMRUP (M) ASSAM 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR Page No.# 2/15 GHY-1 DIST- KAMRUP (M) ASSAM 4:THE MAYOR GUWAHATI MUNICIPAL CORPORATION PANBAZAR GHY-1 DIST- KAMRUP (M) ASSAM 5:THE VETERINARY OFFICER LICENCE BRANCH GUWAHATI MUNICIPAL CORPORATION GHY-1 ASSAM 6:THE SUPERINTENDENT OF MARKETING BRANCH GUWAHATI MUNICIPAL CORPORATION GHY-1 ASSAM 7:THE COLLECTOR GUWAHATI MUNICIPAL CORPORATION GHY-1 ASSAM 8:THE DY. COMMISSIONER KAMRUP (M) GHY-1 ASSA Advocate for the Petitioner : MR. S SARMA, MR. C CHAKRAVARTY,MR. R HAZARIKA,MR T MEELEE Advocate for the Respondent : GA, ASSAM, SC, GMC Linked Case : WP(C)/8551/2018 BRIHATTAR GUWAHATI PAIKARI MACH BESA KINA SAMABAI SAMITTEE LTD. AND ANR. A SOCIETY REGD. UNDER THE PROVISIONS OF THE ASSAM CO- OPERATIVE SOCIETIES ACT Page No.# 3/15 2007 (ACT IV OF 2012) ANND HAVING ITS PRINCIPAL PLACE OF BUSINESS AT BETKUCHI GHY- 40 DIST- KAMRUP (M) ASSAM (REP. BY SHRI JITU BARMAN PRESIDENT OF BRIHATTAR GUWAHATI PAIKARI MACH BESA KINA SAMABAI SAMITI LTD.) 2: JITU BARMAN S/O- LT KUCHAL CH. BARMAN R/O- BANI NAGAR REHABARI GHY- 8 DIST- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM GHY DEVELOPMENT DEPTT. DISPUR GHY-6 2:GUWAHATI MUNICIPAL CORPORATION A CORPORATION ESTB. UNDER THE PROVISIONS OF THE GAUHATI MUNICIPAL CORPORATION ACT 1971 AND HAS ITS OFFICE AT PANBAZAR GHY-1 DIST- KAMRUP (M) ASSAM 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GHY-1 DIST- KAMRUP (M) ASSAM 4:THE MAYOR GUWAHATI MUNICIPAL CORPORATION PANBAZAR GHY-1 DIST- KAMRUP (M) ASSAM 5:THE VETERINARY OFFICER Page No.# 4/15 LICENCE BRANCH GHY MUNICIPAL CORPORATION GHY-1 ASSAM 6:THE SUPERINTENDENT OF MARKETING BRANCH GHY MUNICIPAL CORPORATION GHY-1 ASSAM 7:THE COLLECTOR GHY MUNICIPAL CORPORATION GHY-1 ASSAM 8:THE DY. COMMISSIONER KAMRUP (M) GHY-1 ASSAM ------------ Advocate for : MR. J ROY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS. Linked Case : WP(C)/6074/2017 RAJENDRA PRASAD YADAV AND 6 ORS S/O. SHRI PARAS NATH YADAV R/O. HOUSE NO. 23 NEAR KRISHNA MANDIR BANI NAGAR REHABARI GUWAHATI P.O. REHABARI P.S. PALTANBAZAR DIST. KAMRUP METROPOLITAN ASSAM PIN-781007. 2: SMTI. PRITIMONI TALUKDAR PAUL W/O. KAJAL PAUL R/O HOUSE NO. 12 GUWAHATI P.O. REHABARI PS. PALTANBAZAR Page No.# 5/15 DIST. KAMRUP M ASSAM PIN-781008. 3: SRIKANT KEWAT S/O. SHANKAR KEWAT R/O. K.C. SEN ROAD GUWAHATI OPP. INTUC OFFICE PALTANBAZAR GUWAHATI P.O. REHABARI P.S. PALTANBABAR DIST. KAMRUP M ASSAM PIN-781008. 4: KUMUD DAS S/O. LT. DATI RAM DAS R/O. FATASIL AMBARI GUWAHATI P.O. and P.S. FATASIL AMBARI DIST. KAMRUP M ASSAM PIN-781025. 5: MOHD. KHALID S/O. LT. AAKIL ALI R/O. KATABARI MASJID NO. 1 BYELANE 1 NEAR JAMA MASJID GUWAHATI P.O. GARCHUK P.S. GARCHUK DIST. KAMRUP M ASSAM PIN-781035. 6: RAJU KEWAT S/O. BERKHU KEWAT R/O. K.C. SEN ROAD GUWAHATI OPP. SHANKAR KRISTRI BIKASH KENDRA PALTANBAZAR GUWAHATI Page No.# 6/15 P.O. REHABARI P.S. PALTANBAZAR DIST. KAMRUP M ASSAM PIN-781008. 7: RAM AWADH YADAV S/O. BHAGIRATHI YADAV R/O. INTUC COMPLEX K.C. SEN ROAD PALTANBAZAR GUWAHATI P.O. REHABARI P.S. PALTANBAZAR DIST. KAMRUP M ASSAM PIN-781008. VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE COMM. and SECY. DEPTT. OF TOWN and COUNTRY PLANNING DISRUR GUWAHATI-781006. 2:GUWAHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER PANBAZAR GUWAHATI-781001. 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-781001. ------------ Advocate for : MR G ALAM Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS Linked Case : WP(C)/2125/2018 DABU HAZARIKA AND 4 ORS. S/O LATE PRADIP HAZARIKA Page No.# 7/15 R/O PALTAN BAZAR WARD NO. 28 PALTAN BAZAR GUWAHATI-1 PS- PALTANBAZAR DIST. KAMRUP (M) ASSAM PIN-781001 2: PRADIP GHOSH S/O SAILESH CH. GHOSH R/O ADAGODAM TRIBHUMI NAGAR UDALBAKRA GUWAHATI-34 DIST. KAMRUP (M) ASSAM PIN-781034 3: SANJAY GHOSH S/O PARIMAL GHOSH R/O GREEN WOODLAND PATH LALGANESH UDALBAKRA GUWAHATI-34 DIST. KAMRUP (M) ASSAM PIN-781034 4: RAGHUNATH SAHANI S/O LATE SURAJ DEO SAHANI R/O DATALPARA HOUSE NO. G-256 FATASIL AMBARI GUWAHATI-25 PS-FATASIL AMBARI DIST. KAMRUP (METRO) ASSAM PIN-781025 5: JOYDEB DAS S/O SRI KARUNAMOY DAS R/O FATASIL AMBARI K.K. ROAD PS-FATASIL AMBARI GUWAHATI-781025 DIST. KAMRUP (METRO) ASSAM Page No.# 8/15 VERSUS THE STATE OF ASSAM AND 2 ORS. (F) TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6 PIN-781006 2:GUWAHATI MUNICIPAL CORPORATION TO BE REPRESENTED BY ITS COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-1 PS-PANBAZAR DIST. KAMRUP ASSAM PIN-781001 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-1 PS-PANBAZAR DIST. KAMRUP ASSAM PIN-781001 ------------ Advocate for : MR. M K SHARMA Advocate for : SC GMC appearing for THE STATE OF ASSAM AND 2 ORS. (F) Linked Case : WP(C)/3265/2018 MD. NIYAZ AHMED AND 3 ORS. S/O- LT MD. YAKUB R/O- H/NO. 20 MASJID ROAD ISLAMPUR NEAR NEHRU STADIUM GATE NO. 12 P.O. AND P.S. PALTANBAZAR DIST- KAMRUP(M) PIN-781007 2: AJAY KUMAR Page No.# 9/15 S/O- SHRI LAKHINDAR RAM R/O- ULUBARI NEAR LALMATI P.O. AND P.S. PALTANBAZAR DIST- KAMRUP(M) PIN-781007 3: MD. EGRILE S/O- MD. YASINE R/O- NEAR WHOLE SALE FISH MARKET BETKUCHI P.O. AND P.S. GORCHUK DIST- KAMRUP (M) ASSAM PIN-781035 4: IDD MOHAMMAD S/O- LT DILJAN AHMED R/O- NEAR WHOLE SALE FISH MARKET BETKUCHI P.O. AND P.S. GORCHUK DIST- KAMRUP (M) ASSAM PIN-781035 VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE COMMISSIONER AND SECRETARY DEPTT. OF TOWN AND COUNTRY PLANNING DISPUR DIST- KAMRUP (M) ASSAM PIN-781035 2:GUWAHATI MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER P.O. GHY G.P.O. P.S. PANBAZAR DIST- KAMRUP(M) ASSAM PIN-781001 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION P.O. GHY G.P.O. P.S. PANBAZAR DIST- KAMRUP(M) ASSAM Page No.# 10/15 PIN-781001 ------------ Advocate for : MR. P D NAIR Advocate for : GA ASSAM (R1) appearing for THE STATE OF ASSAM AND 2 ORS. Linked Case : WP(C)/7130/2016 SMTI. RAKHEE DAS AND 14 ORS W/O. SRI JOYDEB DAS R/O. FATASIL AMBARI K.K. ROAD P.S. FATASIL AMBARI GUWAHATI -781025 DIST. KAMRUPM ASSAM. 2: MD. NASEEM AHMED S/O. TASLEEM AHMED R/O. HAFEEZ NAGAR ULUBARI P.S. PALTAN BAZAR GUWAHATI -781007 DIST. KAMRUPM ASSAM. 3: MD. KHALID ALI S/O. MD. DILSHAD ALI R/O. LIVIN APARTMENT 2ND FLOOR JANAPATH LANE G.S. ROAD ULUBARI P.S. PALTAN BAZAR GUWAHATI-781007 DIST. KAMRUPM ASSAM. 4: SRI BABUL SHARMA S/O. H.N. SHARMA R/O. BYE LANE NO. 8 CHATRIBARI GUWAHATI Page No.# 11/15 P.S. PALTAN BAZAR DIST. KAMRUPM ASSAM. 5: SRI MOMI SARMA W/O. LT. RATNAJYOTI SARMA R/O. WEST SILPUKHURI GUWAHATI -781003 P.S. LATASIL DIST. KAMRUPM ASSAM. 6: DIPAK PURUKASHTYA S/O. LT. DAYAMOY PURUKASTHYA R/O. LALGANESH GUWAHATI DIST. KAMRUPM ASSAM. 7: MADHAV SHARMA S/O. PREM PRASHAD SHARMA R/O. BIRUBARI GUWAHATI -16 DIST. KAMRUPM ASSAM. 8: NABO BAISHYA S/O. MAMAT BAISHYA R/O. LOKHRA GUWAHATI -40 DIST. KAMRUPM ASSAM. 9: MD. RAJU AHMED S/O. LT. SAMSUR ALI R/O. DHIRENPARA GUWAHATI -25 DIST. KAMRUPM ASSAM. 10: MANIKA DEB S/O. LT. CHANDAN DEB R/O. JALIKUSI BANK COLONY Page No.# 12/15 GUWAHATI -40 DIST. KAMRUPM ASSAM. 11: TILAK DAS S/O. M. DAS R/O. BETKUCHI GUWAHATI -40 DIST. KAMRUPM ASSAM. 12: KISHAN CHOWDHARY S/O. LT. DUWARIKA CHOWDHARY R/O. SOLAPARA GUWAHATI -8 DIST. KAMRUPM ASSAM. 13: ASHIT DEV S/O. ATUL RANJAN DEV R/O. KALAPAHAR GUWAHATI -21 DIST. KAMRUPM ASSAM. 14: RATAN SAHA S/O. LT. NEPAL CH. SAHA R/O. LALGANESH ADAGODAM GUWAHAITI DIST. KAMRUPM ASSAM. 15: PABITRA DAS S/O. SUREN DAS R/O. GORCHUK PAMOHI GUWAHATI DIST. KAMRUPM ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF TOWN AND COUNTRY PLANNING Page No.# 13/15 DISPUR GUWAHATI -781006. 2:GUWAHATI MUNICIPAL CORPORATION TO BE REP. BY THE COMMISSIONER PANBAZAR GUWAHATI -781001. 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI -781001. ------------ Advocate for : MR.M K SHARMA Advocate for : SC GMC appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 26-05-2025 All these writ petitions being connected and filed with a common grievance are taken up together for final disposal at the admission stage itself. This Court has also noticed that the writ petitions are long pending since the year 2016-2018. The facts in brief are that the GMC had issued a notice on 15.12.2018 for allotment of stalls at Betkuchi Whole Sale Fish Market which is the subject matter of challenge in these writ petitions which are instituted by the petitioners who are Cooperative Societies and individuals. I have heard Shri S. Sarma, learned counsel for the petitioners in WP(C)/2326/2019 and WP(C)/8551/2018, Shri M. K. Sarma, learned counsel for the petitioners in WP(C)/7130/2016 and WP(C)/2125/2018 and Shri G. Alam, learned counsel for the petitioners in WP(C)/6074/2017 and WP(C)/3265/2018. I have also heard Shri S. Bora, learned Standing Counsel, GMC. The attention of this Court has been drawn to an order dated 20.12.2018 passed Page No.# 14/15 by this Court in a batch of writ petitions wherein an interim order was passed which reads as follows:- “Under the above circumstances, in view of the fact that allotment of the stalls at Betkuchi Wholesale Fish Market, Guwahati, is the subject matter of the connected writ petitions, the stalls are allotted in the interregnum, the writ petition shall be rendered infructuous, as such, this Court is inclined to provide, in the interim, that while the GMC may process the application received, they would also accept the applications filed by the members of the petitioner's Association, but the GMC authority shall not finalize the allotment of stalls at the Betkuchi Wholesale Fish Market, Guwahati without prior leave of this Court. Accordingly, the GMC shall inform all the applicants that the status of their applications would be subject to outcome of further orders that may be passed in this application so that no right is created in favour of anyone merely on the basis of applications made for allotment of stalls.” Shri Bora, the learned Standing Counsel has informed this Court that these 35 stalls are still vacant and awaiting the outcome of these writ petitions which is benefitting neither the petitioners nor serving the interest of public. He has submitted that appropriate directions may be given at this stage to make the allotments in accordance with law in which the cases of the petitioners would also be considered. At this stage, Shri Sarma, the learned counsel for the petitioners in WP(C)/2326/2019 and WP(C)/8551/2018 has emphasized that while making such considerations, the recommendation made by the Mayor-in-Council Meeting held on 29.06.2018 and General Meeting of 20.07.2018 are to be taken into consideration. Shri Alom, the learned counsel appearing in WP(C)/6074/2017 and WP(C)/3265/2018 has informed that due to certain reasons, their provisional licences were not renewed at that point of time and this aspect is also to be taken into consideration. After hearing the learned counsel for the parties, this Court is of the opinion that interest of justice would be served if a direction is given to make the allotments of the 35 stalls. Accordingly, it is directed that the 35 stalls be allotted in accordance with law however by considering the cases and applications of the petitioners. While Page No.# 15/15 doing so and as pointed out, the minutes of meeting dated 29.06.2018 and 20.07.2018 referred above are also to be taken into consideration. It is also directed that the aspect of renewal of licences so far as the petitioners in WP(C)/6074/2017 and WP(C)/3265/2018 is also to be considered before making such allotments. The aforesaid exercise be completed expeditiously and preferably within an outer limit of 2 (two) months from today. With the aforesaid observations, the writ petitions stand disposed of. JUDGE Comparing Assistant