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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Abdul Mozid Son of Late Rostom Ali, And Anr. - Petitioner
Versus
The State Of Assam Represented By The Additional Chief Secretary To The Government Of Assam And Ors. - Respondents
WP(C) 7390 of 2025
Decided On : 19-12-2025
Key Points: - Authorities failed to implement prior judicial directives, leading to wrongful rejection of permissions (!) (!) (!) . - Courts may intervene when authorities misconstrue judicial directions or exceed their powers (!) (!) . - Petitioners were entitled to prior approval under Section 107, which was disregarded by the authorities (!) (!) (!) . - Set aside orders and directed fresh consideration of applications within a specified timeframe (!) (!) (!) . - The court emphasized administrative accountability and compliance with judicial processes (!) (!) (!) .
| Table of Content |
|---|
| 1. challenge to prior communications and orders. (Para 1 , 2) |
| 2. hearing of arguments from both parties. (Para 3) |
| 3. misinterpretation of previous court directions. (Para 4 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. need for intervention on misconstrued orders. (Para 12 , 13) |
| 5. final order for quashing and directions. (Para 14) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. K.N. Choudhury, the learned Senior Counsel assisted by Ms. R. Choudhury, the learned counsel appearing on behalf of the petitioners. Mr. M. Chetia, the learned Government Advocate appears on behalf of the respondent Nos. 2, 4, 6 and 7 and Mr. S. Dutta, the learned Standing Counsel, P&RD Department appears on behalf of the respondent Nos. 1, 3, 5 and 8.
2. The petitioners herein have approached this Court challenging the communication dated 10.12.2025 issued by the respondent No. 5, the order dated 11.12.2025 issued by the respondent No. 2 and also the delay in complying with the directions passed by this Court in the judgment and order dated 24.09.2025 in WP(C) No. 237/2025 and 2 (two) other writ petitions.
3. This Court has duly heard the learned Senior Counsel appearing on behalf of the petitioners as well as Mr. S Dutta, the learned Standing Counsel appearing on behalf of the P&RD Department.
4. Taking into account that the issue involved primarily relates to a misconceived interpretation to the directions passed by this Court in its judgment and order dated 24.09.2025, this Court takes up the instant writ petition for final disposal at the Motion stage itself.
5. In the judgment and order dated 24.09.2025 at paragraph No. 45, various directions were passed. The same being relevant are reproduced herein under:
“45. Accordingly, this Court, therefore, disposes of the instant batch of writ petitions with the following observation(s) and direction(s):
(1) The order dated 07.08.2024 issued by the District Commissioner, Goalpara is set aside and quashed.
(2) The order dated 30.09.2024 passed by the Principal Secretary to the Government of Assam Panchayat and Rural Development Department is set aside and quashed.
(3) The order dated 30.05.2025 passed by the District Development Commissioner, Goalpara with the approval of the District Commissioner, Goalpara is set aside and quashed.
(4) WP(C)No.3389/2025 is dismissed on the ground that the petitioners therein have no locus standi to challenge the order dated 30.05.2025 passed by the District Development Commissioner, Goalpara.
(5) This Court having set aside the order dated 30.09.2024 passed by the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department directs the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department to again consider as to whether the application so submitted by the petitioners dated 22.08.2024 under Section 107 of the Act of 1994 seeking approval to run the private market can be granted approval or not. The same be considered within a period of 30(thirty) days from the date a certified copy of this judgment is served upon the Principal Secretary to the Government of Assam in the P & RD Department.
(6) The petitioners in WP(C)No.237/2025 have already been granted a ‘No Objection Certificate’ by the District Commissioner, Goalpara dated 17.03.2023 in terms with the Act of 2021 and the Rules framed thereinunder for setting up of the animal market at Gournagar Damribhasha Bridge Tiniali Pashuhat. Under such circumstances, the petitioners in WP(C)No.237/2025 shall be bound by the said ‘No Objection Certificate’ and the conditions mentioned therein.
(7) The petitioners in WP(C)No.237/2025 shall also be required to obtain the prior approval from the Katarihara Gaon Panchayat i.e. the respondent No.7 in WP(C)No.237/2025 in terms with the mandate of Section 107 of the Act of 1994.
(8) WP(C)No.237/2025 and WP(C) No.5157/2025 stand disposed of in terms of the above directions and WP(C) No.3389/2025 stands dismissed.
(9) All interim order(s) stand vac
AI
Authorities must adhere to judicial directives, and misinterpretation leading to wrongful rejections of permissions can result in court intervention, emphasizing administrative accountability.
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.
Section 105 of Assam Panchayat Act, 1994 clearly provides that settlement of a market (hat) shall not exceed one Panchayat Financial Year and that settlement has to be made by inviting tenderers.
The discretionary nature of the approval for lease extension and the importance of maintaining transparency and fairness in distribution of State largesse.
The court upheld the cancellation of the tender process while rejecting extensions to existing lessees, emphasizing the need for adherence to statutory provisions governing Panchayat settlements.
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
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