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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Abul Kashem Choudhury, S/O- Late Hazi Derbesh Ali – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner's claim to operate market (Para 2 , 3 , 4 , 5 , 6) |
| 2. observations on legal requirements and existing laws (Para 7 , 11 , 12 , 14 , 18) |
| 3. arguments on legal restrictions post-amendment (Para 8 , 10) |
| 4. court's directives for legal compliance (Para 19) |
| 5. final disposition of the writ petition (Para 20 , 21) |
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
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.
Authorities must adhere to judicial directives, and misinterpretation leading to wrongful rejections of permissions can result in court intervention, emphasizing administrative accountability.
Section 3(a) of Act of 2021 defines ‘Animal Market’ to be market place or sale yard or any other premises or place to which animals are brought from other places and offered or displayed for sale or ....
Authorities lack jurisdiction under the Assam Cattle Preservation Act to seal premises during an investigation for illegal sales, rendering such actions unlawful.
There is no law prohibiting a building complex owner from letting out the building without adhering to the provisions of the Act, 1994.
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