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2025 DAILYLAW 19725 (GAU)

CHAYA RANI SAIKIA AND 14 ORS. v. THE STATE OF ASSAM AND 7 ORS.

WP(C)/5579/2025 · 2025-09-21

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010215902025 2025:GAU-AS:13123 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5579/2025 CHAYA RANI SAIKIA AND 14 ORS. W/O UPEN SAIKIA VILL- PANBARI, P.O. AND P.S. DIPHU DIST. KARBI ANGLONG, ASSAM 2: ROSHAN ALI S/O LATE FORZUL ALI VILL-PANBARI P.S. DIPHU DIST. KARBI ANGLONG ASSAM 3: NASIR ALI S/O HAMED ALI VILL- SIV BARI ROAD P.S. DIPHU DIST. KARBI ANGLONG ASSAM 4: JOYNAL UDDIN S/O ABDUL BAREK VILL- HARILAL BASTI P.S. DIPHU DIST. KARBI ANGLONG ASSAM 5: JAHARUL ISLAM S/O ABDUL BARIK VILL- HARILAL BASTI P.S. DIPHU DIST. KARBI ANGLONG ASSAM Page No.# 2/5 6: ANWAR HUSSAIN S/O MUKBUL HUSSAIN VILL- HARILAL BASTI P.S. DIPHU DIST. KARBI ANGLONG ASSAM 7: HAJBUR RAHMAN S/O ABDUL SAYNAL VILL- DHARAMNALA P.S. DIPHU DIST. KARBI ANGLONG ASSAM 8: HARENDRA SHAH S/O BALDEV SHAH VILL- PANBARI P.S. DIPHU DIST. KARBI ANGLONG ASSAM 9: MOHORAM ALI S/O ASHAD ALI VILL- DHARMNALA P.S. DIPHU DIST. KARBI ANGLONG ASSAM 10: RAJAB ALI S/O LATE AYUB ALI VILL-DIPHU TOWN P.O. AND P.S. DIPHU DIST. KARBI ANGLONG ASSAM 11: MUKIB AHMED S/O BASIR AHMED VILL- SIVBARI P.O. AND P.S. DIPHU DIST. KARBI ANGLONG ASSAM 12: RAHMAT ALI S/O LATE INUSH ALI VILL- DHARMNALA P.S. DIPHU DIST. KARBI ANGLONG Page No.# 3/5 ASSAM 13: ASRAF ALI S/O INUSH ALI VILL- DHARAMNALA P.S. DIPHU DIST. KARBI ANGLONG ASSAM 14: KAMAL HUSSAIN S/O ABU TAHIR VILL-DHARMNALA P.S. DIPHU DIST. KARBI ANGLONG ASSAM 15: AKBAR ALI S/O LATE AMJAD ALI VILL- HARILAL BASTI P.S. DIPHU DIST. KARBI ANGLONG ASSA VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE SECRETARY, GOVT. OF ASSAM, MARKETING AND AGRICULTURE DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC) REPRESENTED BY ITS CHIEF EXECUTIVE MEMBER KARBI ANGLONG DIPHU. 3:THE SECRETARY EXECUTIVE COMMITTEE KAAC KARBI ANGLONG. 4:THE DEPUTY SECRETARY DEPARTMENT OF TAXATION KAAC KARBI ANGLONG. 5:THE SUPERINTENDENT OF TAXES DEPARTMENT OF TAXATION Page No.# 4/5 KAAC KARBI ANGLONG 6:THE DISTRICT COMMISSIONER KARBI ANGLONG DIPHU. 7:THE DIPHU MUNICIPAL BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER KARBI ANGLONG DIPHU. 8:EXECUTIVE OFFICER DIPHU MUNICIPAL BOARD KARBI ANGLONG For the petitioner (s) : Mr. M. H. Ahmed, Advocate For the respondent (s) : Mr. J. Chutia, SC, KAAC BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 22.09.2025 Heard Mr. M. H. Ahmed, the learned counsel appearing on behalf of the petitioners. Mr. J. Chutia, the learned counsel appears on behalf of the KAAC and Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the District Commissioner, Karbi Anglong. 2. The petitioners herein have assailed the cancellation of their licenses by the orders dated 27.05.2025 and 12.08.2025. 3. It is seen that each writ petitioner has a separate cause of action in respect to the cancellation of their licenses in as much Page No.# 5/5 as some of the writ petitioners, their licenses were valid upto 31.12.2025 whereas there are some writ petitioners who did not renew their licenses after getting their initial licenses. 4. The record further reveals that the respective show cause notices issued to the petitioners have not also been enclosed along with the writ petition as well as their corresponding replies, if any, by the petitioners. This Court deprecates such practice. 5. Mr. M. H. Ahmed, the learned counsel appearing on behalf of the petitioners submits that he may be permitted to withdraw the instant writ petition with a liberty to refile. 6. This Court having taken into consideration that the fault is on the part of the counsel and not the petitioners, grants liberty to withdraw the writ petition with the liberty to refile by bringing on record the necessary documents, i.e. the licenses as well as the consequent renewals; show cause notices; the corresponding replies, if any, and the specific pleadings in that regard. 7. With the above, the instant writ petition stands closed on withdrawal. JUDGE Comparing Assistant