Page No.# 1/8 GAHC010232522024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5824/2024 BISHWAJIT CHANDA AND 6 ORS. S/O- BENU CHANDA, R/O- TENGA BASTI, WARD NO. 10, LANKA (MB), HOJAI, ASSAM, PIN- 782446. 2: KRISHNA SAHU S/O- RAGHUBIR SAHU R/O- LANKA TOWN KUSHAL KONWAR PATH WARD NO. 8 VTC- LANKA P.O. AND P.S. LANKA DIST. HOJAI ASSAM PIN- 782446. 3: ARABINDA CHANDA S/O- SUNIL CHANDA R/O- PASCHIM LANKA GAON BALUHANDAR LANKA DIST. HOJAI ASSAM PIN- 782446. 4: SUDIP DAS S/O- JASUDA DAS WARD NO. 8 GOBINDA PALLY VTC (MB) P.O. LANKA DIST. HOJAI ASSAM PIN- 782446. 5: SUJIT MAJUMDAR Page No.# 2/8 S/O- BIDHAN MAJUMDAR R/O- PACHIM LANKA GAON VTC- PACHIM BALUHANDAR P.O. LANKA DIST. HOJAI ASSAM PIN- 782446. 6: RAM KRISHNA PAUL S/O- KUSURANJAN PAUL R/O- KUSHAL KUNWAR PATH P.O. LANKA WARD NO. 8 LANKA (MB) SUB DISTRICT- LANKA DIST. HOJAI ASSAM PIN- 782446. 7: SWAPAN SAHA S/O- BIKASH SAHA R/O- JYOTI NAGAR WARD NO 10 LANKA DIST. HOJAI ASSAM PIN- 782446 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GHY-781006. 2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM SECRETARIAT COMPLEX DISPUR GHY-781006. 3:THE DEPUTY COMMISSIONER OF HOJAI DISTRICT ASSAM PIN- 782442. 4:THE EXECUTIVE OFFICER OF LANKA MUNICIPALITY BOARD LANKA DIST. HOJAI ASSAM PIN- 782446. Page No.# 3/8 5:THE CIRCLE OFFICER OF LANKA REVENUE CIRCLE P.O. AND P.S. LANKA DIST. HOJAI ASSAM PIN- 782446. 6:THE CHAIRMAN LANKA MUNICIPAL BOARD P.O. AND DIST. HOJAI ASSAM PIN- 782446 Advocate for the Petitioner : MR. A T SARKAR, MR. T AHMED Advocate for the Respondent : GA, ASSAM, R SAHIINII(R-6),MR. D NATH (R-6) Linked Case : WP(C)/5939/2024 DRUPADI BISWAS AND 2 ORS W/O- LT. JOGESH BISWAS COW MARKET WARD NO. 9 P.O. AND P.S.- LANKA DIST.- HOJAI ASSAM PIN- 783446. 2: NARAYAN BISWAS S/O- BICHITRA BISWAS RESIDENT OF JYOTI NAGAR WARD NO. 10 P.O. AND P.S.- LANKA DIST.- HOJAI ASSAM PIN- 783446. Page No.# 4/8 3: BENU CHANDRA S/O- LT. BAKUL CHANDA RESIDENT OF LANKA GAON WARD NO. 10 P.O. AND P.S.- LANKA DIST.- HOJAI ASSAM PIN- 783446. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006. 3:THE DEPUTY COMMISSIONER OF HOJAI DISTRICT DIST.- HOJAI ASSAM. PIN- 782442. 4:THE EXECUTIVE OFFICER OF LANKA MUNICIPALITY BOARD LANKA DIST.- HOJAI ASSAM PIN- 782446. 5:THE CIRCLE OFFICER OF LANKA REVENUE CIRCLE P.O.- LANKA P.S.- LANKA DIST.- HOJAI ASSAM PIN- 782446. 6:THE CHAIRMAN LANKA MUNICIPAL BOARD Page No.# 5/8 P.O. AND P.S.- LANKA DIST.- HOJAI ASSAM PIN- 783446. Advocate for the petitioner(s): Mr. AT Sarkar Advocate for the respondent(s): Mr. D Nath for Lanka Municipal Board B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 18.11.2025 Heard Mr. AT Sarkar, the learned counsel appearing on behalf of the petitioners in both the writ petitions. Mr. D Nath, the learned Senior Government Advocate, Assam as well as the learned Standing Counsel who appears on behalf of the Lanka Municipal Board. 2. The grievance of the petitioners herein is that they were earlier carrying on the business of selling vegatables in the Lanka Wholesale Vegetable Market. On account of construction of a building, they vacated the area on the basis of certain resolutions being adopted that the building which would be constructed would be for the benefit of the vendors carrying on the business of vegetables. 3. However, when the building was constructed, the respondent Lanka Municipal Board instead of accommodating the petitioners along with other vegetable vendors allocated the various portions of the building to 76 vendors, Page No.# 6/8 thereby depriving the petitioners’ right to vend in the newly constructed building. It is under such circumstances, that both the writ petitions have been filed. 4. On the other hand, Mr. D Nath, the learned counsel who appears on behalf of the Lanka Municipal Board submitted that for the benefit of the vegetable vendors, the Lanka Municipal Board constructed a two-storey building having 76 allocated spaces. 5. Pursuant to an invitation made, various persons applied for allotment, including some of the petitioners. Out of 193 applications received, 76 applicants have been allocated spaces by carrying out a process of lottery under the aegis of the Deputy Commissioner, Sankardev Nagar, Hojai. He, therefore, submits that the petitioners herein on one hand had approached this Court and on the other hand, have blocked the entrance of the market and thereby inspite of allotment being granted to various persons the market has not become functional. It is also submitted that the petitioners are carrying on their vending business in the corridor which had affected the functioning of the building. 6. This Court before deciding also finds it pertinent to take note of another submission made by Mr. AT Sarkar, the learned counsel appearing on behalf of the petitioners that if the newly constructed building cannot accommodate the petitioners, the respondent Lanka Municipal Board should permit the petitioners along with other similarly situated vendors to vend in some other area so that they are able to maintain their life and livelihood which is a facet of Article 21 of the Constitution. 7. This Court had heard the learned counsels appearing on behalf of the parties and had perused the materials on record. Though on the last occasion, it Page No.# 7/8 was submitted that there were resolutions passed thereby to accommodate the vendors who earlier were vending and in that regard had referred to the resolutions dated 15.07.2022 and 28.05.2022, but from a perusal of the said resolutions, there is nothing to that effect. 8. This Court cannot also be unmindful of the fact that the right of the respondent Lanka Municipal Board to create infrastructures for providing better facilities to the vendors and for that purpose the two-storey building was constructed. It is also the opinion of this Court that the petitioners herein having failed to obtain their allotment cannot act as a hindrance to the functioning of the market in the newly constructed building. Having said so, this Court cannot turn a Nelson eye to the fact that the petitioners herein have been carrying on the business of vending in vegetables and they cannot be thrown out to the streets, thereby affecting their right to life and livelihood. 9. Considering the above, this Court, therefore, disposes of both the writ petitions with the following observation(s) and direction(s): (i). The reliefs which have been sought for in both the writ petitions, thereby directing the respondents to cancel certain allotments in the newly constructed building as well as to make allotment of individual shops/units to the petitioners cannot be granted. (ii). The petitioners herein cannot also act as a hindrance in the functioning of the market in the two-storey newly constructed building by the Lanka Municipal Board and if they do so, the Lanka Municipal Board would have the liberty to take steps in accordance with law. (iii). The petitioners herein are given the liberty to submit representations to the Lanka Municipal Board for allotting some other Page No.# 8/8 areas, if possible, so that they can continue to vend in vegetables, in order to maintain their life and livelihood. (iv). It is observed that if such representations are filed, the Lanka Municipal Board shall duly consider the same within 45(forty five) days from the date of submission of such representations. (v). This Court further observes that the liberty given to the petitioners to submit representations and thereupon for consideration by the Lanka Municipal Board is subject to those petitioners not causing any hindrance in the functioning of the two-storey newly constructed market by the Lanka Municipal Board. (vi). It is observed that if the respondent Lanka Municipal Board fails to consider the said representations so submitted, liberty is given to the petitioners to approach this Court again, if so advised. JUDGE Comparing Assistant