GAUHATI HIGH COURT ISSUES ORDER ON NEW WEEKLY HUT OF BASHMURA AND ORS V/S THE STATE OF ASSAM AND ORS

GUWAHATI, India, Oct. 23 -- Gauhati High Court issued the following order on Sept. 23:

1. Heard Mr. KN Choudhury, the learned Senior Counsel, assisted by Ms. R Choudhury, the learned counsel appearing on behalf of the petitioner in WP(C)No.237/2025. Mr. P Borah, the learned Senior Counsel assisted by Ms. A Neog, the learned counsel appearing on behalf of the writ petitioner i.e. Jaleswar Anchalik Panchayat in WP(C)No.5157/2025. Mr. S Dutta, the learned counsel appears on behalf of the P & RD Department. Ms. BS Goyal, the learned counsel appears on behalf of the writ petitioner in WP(C)No.3389/2025 and Ms. U Das, the learned Additional Senior Govt. Advocate who appears on behalf of the District Administration.

2. The three writ petitions being WP(C)No.237/2025, WP(C)No.3389/2025 and WP(C)No.5157/2025 are taken up together for disposal by this common judgment and order in view of the fact that the issues involved in all the three writ petitions pertain to as to who has the right to run the cattle market i.e.Gournagar Damribhasha Bridge Tiniali Pashuhat on Friday.

3. It is relevant to take note of that in WP(C)No.237/2025, the petitioners therein had challenged the order dated 07.08.2024 passed by the District Commissioner, Goalpara and further the order dated 30.09.2024 passed by the Principal Secretary to the Government of Assam, P & RD Department.

4. Pursuant to the challenge made by filing the writ petition being WP(C)No.237/2025, the District Development Commissioner, Goalpara had passed an order on 30.05.2025 whereby the petitioners in WP(C)No.237/2025 were accorded the permission to reopen the Gournagar Damribhasha Bridge Tiniali Pashuhat on Friday subject to fulfilling certain conditions. This order dated 30.05.2025 has been assailed by the writ petitioner in WP(C)No.3389/2025. During the pendency of the said two writ petitions being WP(C)No.237/2025 and WP(C)No.3389/2025, the Jaleswar Anchalik Panchayat filed another writ petition being WP(C)No.5157/2025 challenging the said order dated 30.05.2025 passed by the District Development Commissioner Goalpara. In the backdrop of the above prelude, the facts are elaborated hereinunder:

5. The petitioners in WP(C)No.237/2025 contend that there was no cattle market within a radius of 12 Kilometers of village Damribhasha within the Katarihara Gaon Panchayat (for short, the Gaon Pachayat) under the Jaleswar Anchalik Panchayat for which the local people of the village faced considerable problems to sell and purchase their domestic animals.

6. The petitioners in WP(C)No.237/2025 further contends that the said petitioners established a private cattle market namely "Gournagar Damribhasha Bridge Tiniali Pashuhat" (hereinafter to be referred to as "the market in question") over the patta land of the petitioners admeasuring 5 bighas 3 kathas 7 lechas in the month of December, 2013 under the Jaleswar Anchalik Panchayat in the Goalpara district. The said market in question was held on every Fridays' of the week through a Managing Committee of the market.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x447WNsQ6LNBuc2tlZ6s%2Bnkg4BHjGzz8Ba%2Btq%2BJz4EDz&caseno=WP(C)/3389/2025&cCode=1&cino=GAHC010132202025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.