Page No.# 1/4 GAHC010034592024 2025:GAU-AS:7301 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1001/2024 MD. MUSTAFA AHMED S/O- LATE SAKAT ALI, R/O- VILL.- BORDOLONG, P.O. KHARIKHANA, DIST. HOJAI, ASSAM, PIN- 782446. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI, PIN- 781006, DIST. KAMRUP(M), ASSAM 2:THE SECRETARY AGRICULTURE DEPARTMENT GOVT. OF ASSAM DISPUR GHY PIN- 781006 DIST. KAMRUP(M) ASSAM 3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI PIN- 781022 DIST. KAMRUP(M) ASSAM 4:THE CHIEF EXECUTIVE OFFICER ASSAM STATE AGRICULTURAL MARKETING BOARD RAM KRISHNA MISSION ROAD Page No.# 2/4 ULUBARI GUWAHATI PIN- 781007 DIST. KAMRUP(M) ASSAM 5:THE DISTRICT AGRICULTURAL OFFICER NAGAON-CUM-AD-HOC CHAIRMAN LANKA REGULATED MARKET COMMITTEE NILBAGAN PIN- 782446 DIST. HOJAI ASSAM 6:THE SECRETARY LANKA REGULATED MARKET COMMITTEE NILBAGAN PIN- 782446 DIST. HOJAI ASSA Advocate for the Petitioner : MR. D GOGOI, MR ARINDAM BARUAH Advocate for the Respondent : SC. AGRICULTURE, MR. N J GOGOI(SC, ASAMB),SC, AGRICULTURE MARKETING BOARD. BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 04.06.2025 1. Heard Mr. A Baruah, learned counsel for the petitioner. Also heard Ms. R Borah, learned standing counsel for the Agriculture Department and Mr. NJ Gogoi, learned standing counsel for the Assam State Agricultural Marketing Board. 2. The petitioner was elected as the Chairman of the Lanka Regulated Market Committee, initially for a period of 3 years. The tenure of 3 years expired on Page No.# 3/4 30.09.2021. The extended term of the Lanka Regulated Market Committee for one year also expired on 30.09.2022. 3. By the impugned notification dated 20.12.2023, the State Government in the Agriculture Department has taken over charge of the Lanka Regulated Market Committee with immediate effect and the District Agricultural Officer, Nagaon has been directed to take over the charge of the Lanka Regulated Market Committee, in view of expiry of the extended term of the Lanka Regulated Market Committee. 4. The impugned notification has been issued in exercise of the power under Section 48 of the Agricultural Product Market Act, 1972. 5. The instant writ petition is preferred for a direction to extend the term of the Lanka Regulated Market Committee under Section 9(3) of the Agricultural Product Market Act, 1972. 6. The tenure of the petitioner as Chairman has already expired and the extended tenure has also expired on 30.09.2022. Thereafter, as recorded hereinabove, the committee has been under supervision of District Agricultural Officer, Nagaon in term of the Section 48 of the Assam Agricultural Product Market Act, 1972 (as amended up to 2006). 7. It is contended by the respondent that the authorities will constitute the committee in due course. It is their further contention that the result of Panchayat Election has recently been declared, inasmuch as in term of Section 8(1) of the Assam Agricultural Product Market Act, 1972, the panchayat members of the area, are to elect 7 (seven) agriculturists to such Board. 8. In view of the aforesaid, the writ petition stands closed. The respondent authorities may constitute the Board in terms of the Act, 1972. Page No.# 4/4 9. The petitioner may approach this court, if any grievance remains as regards non-constitution of the Board in term of the Act, 1972. JUDGE Comparing Assistant