A market operator must comply with the amended legal requirements of the Assam Panchayat Act and the Assam Cattle Preservation Act to conduct business lawfully.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. AK Sarma, the learned counsel appearing on behalf of the petitioner. Mr. G Bokolial, the learned Government Advocate, Assam, who appears on behalf of respondent Nos.1, 3, 4, 5 and 7 and Mr. S Dutta, the learned Standing Counsel, P & RD Department, Govt. of Assam, who appears on behalf of respondent Nos.2 and 6.

2. The petitioner herein is aggrieved by the action on the part of the respondent authorities thereby not allowing the petitioner to operate the Dakurbhita Natun Bazar Hat-GoHat situated at Fakirganj under Nashkara Gaon Panchayat. It is the case of the petitioner that the petitioner had established a haat/market in the name of Dakurbhita Natun Bazar Hat-GoHat in the year 2010 over his own patta land ad measuring 5 bighas 4 kathas 10 lechas situated at Fakirganj under Nashkara Gaon Panchayat in the district of Dhubri. On 27.12.2016, the police from the Fakirganj Police Station arrived at the said market and instructed the petitioner to furnish order of settlement, if any, issued by the concerned Gaon Panchayat or Anchalik Panchayat permitting him to operate the said market.

3. Being aggrieved by such an action, the petitioner filed a representation on 09.01.2017 before the Deputy Commissioner, Dhubri. As the petitioner did not receive any favourable response, the petitioner approached this Court and filed a writ petition being WP(C)No.763/2017. This Court vide the order dated 28.07.2017 allowed the said writ petition thereby restraining the respondents from interfering in any manner with the operation of the private market established by the petitioner. This Court further observed while issuing the said directions by making it clear that the said directions shall be subject to observance of provisions of the relevant Rules and Regulations that would normally be applicable in the operation of the said market. The relevant portion of the directions passed in the order dated 28.07.2017 being pertinent to the adjudication of the instant dispute is reproduced hereinunder:

“In view of the discussions made herein above, I am of the view that the writ petition must succeed and is hereby allowed. The respondents are, therefore, restrained from interfering in any manner with the operation of the private market established by the petitioner. The said direction is, however, subject to observance of provisions of the relevant Rules and regulations that would normally be applicable in the operation of the said market.

The writ petition is disposed of accordingly.”

4. The petitioner thereupon started operating the market regularly on Tuesdays and Saturdays in a week without any interference from the concerned authority. However, in the month of April, 2020, the State respondents on account of the Covid Pandemic had directed for the closure of all Haats/Gohats of the State and accordingly the petitioner’s market was closed.

5. Be that as it may, in the month of June 2021, the petitioner again started to operate the said market, but the Police Personnel of Fakirganj Police Station directed that petitioner not to operate the market without a written permission from the District Administration. The petitioner on enquiry could come to learn that the said action had been taken by the Police Officials on the ground of amendment to the Assam Cattle Preservation Act, 2021 which was amended by the Assam Cattle Preservation (Amendment) Act, 2021.

6. It is the case of the petitioner that in terms with the Assam Cattle Preservation Act, 2021 there is no bar in carrying on the buying and selling of cattle. It is, however, the case of the petitioner that in the name of the Assam Cattle Pres