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2025 DAILYLAW 5594 (GAU)

ANOWER HUSSAIN v. THE STATE OF ASSAM AND 6 ORS

WP(C)/191/2025 · 2025-01-19

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010005682025 2025:GAU-AS:444 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/191/2025 ANOWER HUSSAIN S/O- LT. ATOWER RAHMAN, VILL- SALMARA PART-III, P.O.- BONDIHANA, DIST.- DHUBRI, ASSAM, PIN- 783349 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THEPRINCIPAL 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 DHUBRI ASSAM 4:THE DHUBRI ZILLA PARISHAD DHUBRI REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER DISTRICT- DHUBRI ASSAM 5:THE BONDIHANA GAON PANCHAYAT REPRESENTED BY ITS SECRETARY P.O. BONDIHANA DIST.- DHUBRI ASSAM Page No.# 2/3 PIN- 783349 6:ABDUL RASHID S/O- LT. ATOWER RAHMAN VILL- BONDIHANA SALMARA PART-III P.O.- BONDIHANA DIST- DHUBRI ASSAM PIN- 783349 7:ABU SHAMA S/O- RAMJAN ALI VILL- BONDIHANA SALMARA PART-III P.O.- BONDIHANA DIST- DHUBRI ASSAM PIN- 78334 Advocate for the Petitioner : MR A ISLAM, Advocate for the Respondent : GA, ASSAM, SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 20.01.2025 1. Heard Mr. A. Islam, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned standing counsel, P & R.D. Department, for the respondent Nos. 1, 2 4 & 5 and Mr. K. Gogoi, learned Additional Senior Government Advocate, for the respondent No. 3. 2. It is the case of the petitioner that the respondent Nos. 6 & 7 have illegally established a private market called Bondihana Fancy Bazar over the private land of the petitioner without any permission from the Gaon Panchayat or the Government as mandated under Section 107 of the Assam Panchayat Act, 1994 Page No.# 3/3 (as amended). Being aggrieved, the petitioner made a representation on 05.12.2024 before the District Commissioner, Dhubri District/Respondent No. 3 with regard to the illegal running of the private market by the respondent Nos. 6 & 7. However, till date, no steps has been taken by the respondent No. 3 to redress the grievance of the petitioner expressed through his representation dated 05.12.2024. 3. Mr. S. Dutta, learned standing counsel, P & R.D. Department and Mr. K. Gogoi, learned Additional Senior Government Advocate appearing for the District Commissioner, Dhubri, submit that the writ petition can be disposed of by giving a direction to the respondent No. 3 to consider and dispose of the representation made by the petitioner on 05.12.2024. 4. After hearing the learned counsel for the parties and taking into consideration the submissions made by the learned standing counsel, P & R.D. Department and the learned Additional Senior Government Advocate appearing for the District Commissioner, Dhubri, this writ petition is disposed of directing the District Commissioner, Dhubri/Respondent No. 3 to consider and dispose of the representation made by the petitioner on 05.12.2024 by a speaking order and in accordance with law within a period of 1 (one) month from the date of receipt of a certified copy of this order. 5. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant