Page No.# 1/4 GAHC010107002021 2025:GAU-AS:15533 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3375/2021 AFTAB UDDIN LASKAR AND ANR. S/O LATE ABDUL BARI LASKAR RESIDENT OF VILLAGE BAMUNGAON, PO ODALI BAZAR,DIST HOJAI. ASSAM 782435 2: MUST. ANAWARA LASKAR W/O AFTAB UDDIN LASKAR RESIDENT OF VILLAGE BAMUNGAON PO ODALI BAZAR DIST HOJAI. ASSAM 78243 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, DISPUR GUWAHATI 06 2:THE DEPUTY COMMISSIONER HOJAI ASSAM 782442 3:THE HOJAI ZILA PANCHAYAT HOJAI ASSAM782435 4:THE ODALI ANCHALIK PANCHAYAT REPRESENTED BY THE EXECUTIVE OFFICER ODALI ANCHALIK PANCHAYAT PO ODALI BAZAR DIST HOJAI ASSAM 782435 Page No.# 2/4 5:THE EXECUTIVE OFFICER ODALI ANCHALIK PANCHAYAT PO ODALI DIST HOJAI ASSAM 78243 Advocate for the Petitioner : MR. M U MAHMUD, MS N BORDOLOI,MS. P DEVI,MS. A ROY,MR S H MAHMUD,MR S S TALUKDAR Advocate for the Respondent : GA, ASSAM, SC, PNRD BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.11.2025 Heard Mr. M.U. Mahmud, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for the respondent nos. 1, 3, 4 & 5; and Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent no. 2. 2. The petitioner no. 1 is the husband of the petitioner no. 2. 3. Both the petitioners got allotment of two Bhetis - Bheti no. 37 & Bheti no. 38 - at Odali Tiniali Weekly Market which run under the aegis of Odali Anchalik Panchayat by two Office Orders, both dated 30.11.2004, issued under the hand of the respondent no. 5. The Bhetis were subsequently registered in the names of the two petitioners in the year 2007. On 13.07.2021, the petitioners were served with notices to vacate the two Bhetis, wherefrom they were running their businesses at Odali Tiniali Weekly Bazar on the ground that the market was going to be upgraded with the financial assistanc/aid received from the World Bank. By the notices, the petitioners were informed that the Public Works Department [PWD], Government of Assam was going to upgrade the market, and hence the petitioners had to Page No.# 3/4 vacate the Bhetis within seven days from 13.07.2021. The notices further mentioned that if there would be any provision for re-allotment of the Bhetis in future, the same would be intimated by the respondent no. 5 through proper channel. 4. The notices dated 13.07.2021 have been put to challenge in this writ petition. A direction has been sought to the effect that Bheti no. 37 & Bheti no. 38 should be allotted in the names of the petitioners permanently, after upgradation of the Bhetis by the PWD with the financial assistance/aid received from the World Bank. 5. The respondent no. 5 has filed a affidavit-in-opposition stating that the settlement of the two Bhetis were obtained by the petitioners, who are husband and wife, by suppression of the fact that both of them were working as teachers in schools. It is categorically averred that the petitioner no. 1 was working as BSc. [Maths] Graduate Science Teacher at Odali High School and the petitioner no. 2 was working as an Assistant Teacher at Zakir Hussain L.P. School, Borjohagaon. The respondent no. 5 has contended that the petitioners being Government employees have taken undue advantage in obtaining settlement of Bheti no. 37 & Bheti no. 38 at Odali Tiniali Weekly Bazar from Odali Anchalik Panchayat. By obtaining the Bhetis, the petitioners have also deprived two deserving unemployed persons. 6. The facts that the petitioner no. 1 was working as BSc. [Maths] Science Graduate Teacher at Odali High School and the petitioner no. 2 was serving as Assistant Teacher at Zakir Hussain L.P. School, Borjohagaon have not been denied by the petitioners in their affidavit-in-reply filed in response to the affidavit-in-opposition to the respondent no. 5. 7. The two petitioners being Government servants, were not permitted to engage directly or indirectly in any trade or business or to undertake any other employment, save and except with the previous sanction of the Government. Notwithstanding their running of two Bhetis, Bheti no. 37 & Bheti no. 38 at the earlier point of time, considering the fact that both were public servants, are not entitled for re-allotment of Bheti no. 37 & Bheti no. 38 after upgradation of Odali Tiniali Weekly Bazar subsequent to the notices to vacate dated 13.07.2021. 8. In the above fact situation obtaining in the case, this Court does not find any merit in Page No.# 4/4 the relief sought by the two petitioners in this writ petition. Therefore, the writ petition is dismissed. No order, however, as to costs. JUDGE Comparing Assistant