Page No.# 1/4 GAHC010269112024 2025:GAU-AS:1227 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/32/2025 AZIAL HOQUE S/O LT. SUBAN SHEIKHA, VILL- TAKIMARI, P.O.-HAZIRHAT, P.S.-SUKCHAR, DIST-SOUTH SALMARA-MANKACHAR, ASSAM, PIN-783128 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-6 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. GOVT. OF ASSAM PANJABARI JURIPAR GUWAHATI-37 3:THE DISTRICT COMMISSIONER SOUTH SALMARA-MANKACHAR DISTRICT HATSINGIMARI ASSAM PIN-783135 4:THE CHIEF EXECUTIVE OFFICER SOUTH SALMARA-MANKACHAR ZILLA PARISHAD HATSINGIMARI ASSAM PIN-78313 Advocate for the Petitioner : MR A SARANIA, Advocate for the Respondent : SC, P AND R.D., GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 06.02.2025 Heard Mr. A. Sarma, learned counsel for the petitioner; Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 2 & 3; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 4. 2. The petitioner has approached this Court by this writ petition with a grievance that an appeal he had preferred under Section 137 of the Assam Panchayat Act, 1994, as amended, has not yet been disposed of by the appellate authority. 3. The events which have led the petitioner to prefer the appeal under Section 137 of the Assam Panchayat Act, 1994, as amended, [‘the Act, 1994’, for short] can be narrated, briefly, as follows :- the petitioner used to operate a cattle market within the territorial jurisdiction of South Salmara Mankachar Zilla Parishad after entering into an agreement with South Salmara Mankachar Zilla Parishad. When the petitioner was stopped from operating the said cattle market, he approached this Court by way of a writ petition, W.P.[C] no. 3108/2024. When the writ petition, W.P.[C] no. 3108/2024 was moved on 19.06.2024, this Court finding that there was an appellate remedy under Section 137 of the Act, 1994 for the petitioner to avail, dismissed the writ petition, on withdrawal, permitting the petitioner to exhaust the statutory appellate remedy provided under Section 137 of the Act, 1994 with the observation that if the petitioner would himself aggrieved by any order to be passed in the appeal, he would be at liberty to approach this Court. 4. The petitioner has averred that pursuant to the order dated 19.06.2024 passed in the writ petition, W.P.[C] no. 3108/2024, the petitioner has preferred an appeal under Section Page No.# 3/4 137 of the Act, 1994 before the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department on 20.06.2024 and the office of the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department had duly acknowledged receipt of the appeal under its seal and signature. The petitioner has stated that in spite of the appeal being presented on 20.06.2024, the appeal has not yet been disposed of. 5. Mr. Konwar, learned Additional Advocate General & Senior Standing Counsel, P&RD Department has submitted that if the appeal has not yet been disposed of, as claimed by the petitioner, this writ petition can be disposed of with a direction to the appellate authority in the State Government to dispose of the appeal within a specific time-period. Mr. Konwar has submitted that a period of three weeks would be a reasonable time-period for the appellate authority to decide and dispose of the appeal. 6. Mr. Sarma, learned counsel for the petitioner has submitted that if the appeal is directed to be decided and dispose of within a specific time-period of three weeks, the petitioner’s grievance would be mitigated. 7. In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner and considering the fact that the appeal filed by the petitioner on 20.06.2024 under Section 137 of the Act, 1994 is stated to be pending before the appellate authority, this Court is of the considered view that a direction to the appellate authority in the State Government is called for to decide and dispose of the appeal, filed on 20.06.2024, if pending as on date, within a reasonable time period. It is accordingly ordered. Taking note of the submission of the learned Additional Advocate General, Assam, it is further observed that the appeal is to be decided and disposed of within a period of three weeks from today [06.02.2025]. 8. This order disposes of the writ petition. 9. A copy of this order is to be supplied to Mr. Konwar, learned Additional Advocate Page No.# 4/4 General & Senior Standing Counsel, Panchayat and Rural Development Department to take necessary steps to communicate this order to the concerned authority. JUDGE Comparing Assistant