ORDER

17.02.2024 Heard Mr. S. Sarma, learned counsel for the petitioners and Mr. K. Konwar, learned Additional Advocate General, Assam & Senior Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 3, 4, 5 & 6.

2. The petitioners, 6 [six] in nos., have stated that they have been running small business from their respective bhetis at Nakhuti Fish Market at Bamungaon under Lumding Anchalik Panchayat be virtue of different allotment orders, annexed as Annexure-1 series, issued in their favour from the year 2003 onwards. The said allotment orders allotting one particular bheti each at Nakhuti Fish Market has been renewed from year to year till 2021. The petitioners have alleged that after the year 2021, the respondent authorities are not collecting yearly rent/tax in connection with the respective bhetis from the petitioners. The petitioners have stated that all on a sudden, the petitioners have been served with notices, all dated 01.02.2024 [Annexure-8 to Annexure-12], by the authorities of the Lumbing Anchalik Panchayat whereby the allotments of bhetis of the petitioners have been cancelled and the petitioners have been asked to vacate their respective bhetis within 2 [two] days therefrom.

3. Mr. Sarma, learned counsel for the petitioners has submitted that the petitioners have been running their small business from their respective bhetis since about two decades. He has submitted that the reason behind cancellation of the petitioners’ allotments appears to be construction/modernization of Nakhuti Fish Market through the Public Works Department [PWD], Assam. He has submitted that the petitioners are not aggrieved to any process of construction/modernization of Nakhuti Fish Market, if such construction/ modernization is undertaken in public interest but the act ofcancellation of the petitioners’ respective allotments is clearly in violation of the principle of natural justice as the petitioners were not given prior opportunities to represent their cases by the respondent Lumding Anchalik Panchayat authorities before taking the drastic step of cancellation of the petitioners’ allotment orders.

4. Mr. Konwar, learned Additional Advocate General & Senior Standing Counsel, P&RD Department has submitted that the construction/modernization of Nakhuti Fish Market is to be undertaken in public interest under the aegis of the PWD. He has contended that the petitioners were defaulters.

5. The matter would require further examination.

6. Issue notice, returnable on 18.03.2024.

7. As Mr. Konwar, learned Additional Advocate General, Assam and Senior Standing Counsel, P&RD Department has appeared and accepted notices on behalf of the respondent nos. 1, 3, 4, 5 & 6, no formal notice need be issued to the said respondents. Mr. Sarma shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Mr. Konwar by 19.02.2024.

8. The petitioners shall take steps for service of notice upon the respondent nos. 2 & 7 by registered post with A/D within 2 [two] working days from today.

9. On perusal of the impugned notices, all dated 01.02.2024, it prima facie appears that the petitioners who were allottees of bhetis by virtue of allotment orders issued earlier by the Lumding Anchalik Panchayat, were not given any prior opportunities to represent their cases and there was no prior show cause notices before canceling their allotment orders. In such view of the matter, it is observed that till the returnable date, the operation of the impugned notices/cancellation orders shall be kept in abeyance.

JUDGE Comparing Assistant Order downloaded on 23-02-2024 09:06:15 PM