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2025 Supreme(Gau) 1379
IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
New Weekly Hut Of Bashmura And Ors - Appellant
Versus
The State Of Assam And Ors – Respondent
WP(C)/3389 of 2025
Decided on : 24-09-2025
Important Points
Subject
Administrative Law - Panchayat Law
Act Referred
ASSAM PANCHAYAT FINANCIAL RULES: R.47(19)
REGISTRATION ACT: S.17(1)
Headnote
(B) Jurisdiction - Orders issued without requisite authority are set aside. Court reiterated that only designated authorities may grant operational approvals. (Paras 44-45)
Facts of the case:
The petitioners in the writ petitions challenged various orders regarding the operation of a cattle market, asserting their rights to operate it despite conflicting claims by a local Panchayat.
Findings of Court:
The Court determined that the District Commissioner acted beyond authority by issuing orders allowing the private market to operate without required approvals.
Issues: The key issue was whether the petitioners had the right to run the cattle market without obtaining necessary governmental and Panchayat approvals.
Ratio Decidendi: The Court concluded that without the necessary approvals from the concerned Panchayat and State Government, the District Commissioner had no jurisdiction to allow the market's operation, leading to the annulment of illegal orders.
Result: Orders dated 07.08.2024, 30.09.2024, and 30.05.2025 set aside; application for approval to run the market to be reconsidered.
For the Appellant :Mr. KN Choudhury, Senior Advocate Ms. R Choudhury Ms. BS Goyal Mr. P Bora, Senior Advocate Ms. A Neog
For the Respondent:Ms. U Das Addl. Senior Govt. Advocate, Assam
| Table of Content |
|---|
| 1. consolidation of multiple writ petitions (Para 1 , 2 , 3) |
| 2. establishment and operational history of cattle market (Para 5 , 6 , 8) |
| 3. legal documentation and permissions required for market operation (Para 9 , 10 , 12) |
| 4. procedural requirements for approvals under the assam panchayat act (Para 15 , 16 , 17) |
| 5. rights of different stakeholders in the market dispute (Para 19 , 21) |
| 6. jurisdictional authority and legal requirements for permissions (Para 28 , 29 , 30) |
| 7. interpretation of section 107 of the act of 1994 regarding approval (Para 33 , 34 , 39) |
| 8. final court orders and implications of rulings (Para 38 , 42 , 45) |
JUDGMENT :
DEVASHIS BARUAH, J.
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.
7. On 25.10.2024, a new Managing Committee was constituted consisting with one Abbas Ali as President and Aminul Islam as the Secretary. On 22.05.2014, the Jaleswar Anchalik Panchayat issued a Notice Inviting Tender (NIT) for settlement of the petitioners’ private cattle market and subsequent thereto the Chief Executive Officer of the Goalpara Zilla Parishad vide the or
