Page No.# 1/7 GAHC010048562018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1465/2018 AKHTER HUSSAIN AND 32 ORS. S/O MD. NAZMUL HUSSAIN, R/O VILL NAUBAISHA, PO DICHOI NAGAR, PS JORHAT, DIST. JORHAT 2: PROHLAD SAIKIA R/O SRI RAJANI SAIKIA R/O HATIBARUWA CHUK PS JORHAT DIST. JORHAT 3: JAYANTA KALITA S/O BABULAL KALITA R/O VILL GAJPURIYA PS- JORHAT DIST. JORHAT 4: SRI CHANDAN GOSWAMI S/O SRI BRAJANATH GOSWAMI R/O WARD NO. 5 (PART) PS-JORHAT DIST. JORHAT 5: MD. KASIM ANSARI S/O SUBEDAR ANSARI R/O DHEKAPATI PS-JORHAT DIST. JORHAT 6: MUJIBUR RAHMAN S/O SALIM RAHMAN R/O VILL- DHAKHIN NAUBOISHA PS-JORHAT DIST. JORHAT 7: JABID ALI Page No.# 2/7 S/O JUBED ALI R/O VILL DHAKHIN NAUBOISHA PS JORHAT DIST. JORHAT 8: MOKSUD ALAM S/O IKBAL HUSSAIN R/O CHINAMARA TEA ESTATE ROOPNAGAR PS-JORHAT DIST. JORHAT 9: BIJAY HUSSAIN S/O HABIBUR RAHMAN R/O WARD NO. 4 (PART) PS JORHAT DIST. JORHAT 10: SAJU ALI S/O YOUSUF ALI R/O VILL NAUBOISHA MUSLIM GAON PS-JORHAT DIST. JORHAT 11: ISRARFIL HUSSAIN S/O ICHAMUL KHAN R/O WARD NO. 4 (PART) PS-JORHAT DIST. JORHAT 12: CHAZID AHMED S/O CHEKHAUDDIN AHMED R/O DICHOI NAGAR PS JORHAT DIST. JORHAT 13: MANSUR ALI S/O INATAJ AHMED R/O DICHOI NAGAR PS-JORHAT DIST. JORHAT 14: NABAJUDDIN AHMED S/O NIJAMUDDIN AHMED R/O DICHOI NAGAR PS-JORHAT DIST. JORHAT Page No.# 3/7 15: FIZARJATDDUIN AHMED S/O CHAHAJALAL ALI R/O VILL- PAKIMURI HABI GAON PS-JORHAT DIST. JORHAT 16: CHAZAD RAHMAN S/O SULTAN RAHMAN R/O DICHOI NAGAR PS-JORHAT DIST. JORHAT 17: IMTIAJ ALI S/O JUBED ALI R/O VILL DAKHIN NAUBOISHA PS-JORHAT DIST. JORHAT 18: AYU ALI S/O GAFUR ALI R/O VILL DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT 19: ABIDUR RAHMAN S/O TABIJUDDIN AHMED R/O VILL. DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT 20: NURUL HUSSAIN S/O NAZMUL HUSSAIN R/O VILL DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT 21: ALTAB HUSSAIN S/O AYUB ALI R/O VILL. DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT 22: CHAJID ALI S/O CHAUKHAT ALI R/O VILL DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT Page No.# 4/7 23: ZAKIR KHAN S/O ICHAMUL KHAN R/O WARD NON 4 (PART) PS JORHAT DIST. JORHAT 24: ROBIUL HUSSAIN S/O ALI HUSSAIN R/O VILL DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT 25: BISHWAJIT BHARALI S/O BAPADHAN BHARALI R/O NATUN GARHMUR PS JORHAT DIST. JORHAT 26: JAKIR ALI S/O MAFIJUDDIN AHMED R/O VILL DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT 27: ASAD ALI S/O IBRAHIM ALI R/O VILL DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT 28: NAWAZ HUSSAIN S/O ALI HUSSAIN R/O VILL DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHAT 29: TAHIR KHAN S/O HILAUDDIN KHAN R/O WARD NO. 4 (PART) PS JORHAT DIST. JORHAT 30: JECHIM ALI S/O MAFIJUDDIN AHMED R/O VILL DAKHIN NAUBOISHA PS-JORHAT DIST. JORHAT Page No.# 5/7 31: MITUNJAY SAHU S/O RAMACHANDRA SAHU R/O TOKLAI GAON PS-JORHAT DIST. JORHAT 32: HAMID ALI S/O IBRAHIM ALI S/O MAFIJUDDIN AHMED R/O WARD NO. 5 (PART) PS-JORHAT DIST. JORHAT 33: JAKIR ALI S/O MATIN ALI R/O VILL DAKHIN NAUBOISHA GAON PS JORHAT DIST. JORHA VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT (A), DISPUR, GUWAHATI-781006, DIST. KAMRUP(M), ASSAM 2:THE DEPUTY COMMISSIONER JORHAT 3:THE ADDITIONAL DEPUTY COMMISSIONER JORHAT DIST. JORHAT 4:THE DIRECTOR OF HEALTH SERVICES HENGERABARI ASSAM GUWAHATI DIST. KAMRUP (M) 5:THE JOINT DIRECTOR OF HEALTH SERVICES JORHAT DIST. JORHAT 6:JORHAT MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN DIST. JORHAT Page No.# 6/7 7:THE CHIEF EXECUTIVE OFFICER JORHAT MUNICIPAL BOARD DIST. JORHA Advocate for the Petitioner : MR. J ROY, MR. S BORTHAKUR,MS. S KAKATI,MR. N HASAN Advocate for the Respondent : GA, ASSAM, SC, HEALTH BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 28-07-2025 A prayer for adjournment has been made on the ground that instructions have not been received. However, considering that this writ petition is pending since the year 2018, the prayer has been rejected. The case projected is that the petitioners were street vendors, who were doing business in the boundary of the office of the respondent no. 7 touching the footpath of the AT Road, Jorhat and such business was being continued from the time of their forefathers. They had also filed representation on 22.02.2018 which was pending disposal and the prayer was not to evict them from the place of business. This Court vide order dated 15.03.2018 had passed an interim order. Though the notice issued on 15.03.2018 was made returnable by 6 (six) weeks, the same was listed thereafter on 29.10.2021 when none had appeared. However, the interim order was extended till the next date. On the next date, i.e. 10.11.2021, the matter was adjourned and the interim order was extended. The matter had come up thereafter on 04.04.2025, 13.06.2025 and 25.06.2025, when the matters were adjourned. The interim order was however Page No.# 7/7 not extended. Be that as it may, the steps taken for eviction of the petitioners prima facie appears to be in the interest of public. The private interest cannot override the overwhelming public interest which requires an environment which is conducive to the functioning of the administration. In view of the above, writ petition is dismissed. Interim order stands vacated. Shri H. Baruah, learned counsel appearing on behalf of Shri B. Gogoi, learned Standing Counsel. Health Department and Shri N. Goswami, learned State Counsel are present. JUDGE Comparing Assistant