GAHC010232522024

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5824/2024

BISHWAJIT CHANDA AND 6 ORS.

S/O- BENU CHANDA, R/O- TENGA BASTI, WARD NO. 10, LANKA (MB),

HOJAI, ASSAM, PIN- 782446.

2: KRISHNA SAHU

S/O- RAGHUBIR SAHU

R/O- LANKA TOWN KUSHAL KONWAR PATH

WARD NO. 8 VTC- LANKA

P.O. AND P.S. LANKA

DIST. HOJAI

ASSAM

PIN- 782446.

3: ARABINDA CHANDA

S/O- SUNIL CHANDA

R/O- PASCHIM LANKA GAON

BALUHANDAR

LANKA

DIST. HOJAI

ASSAM

PIN- 782446.

4: SUDIP DAS

S/O- JASUDA DAS

WARD NO. 8

GOBINDA PALLY

VTC (MB)

P.O. LANKA DIST. HOJAI

5: SUJIT MAJUMDAR

S/O- BIDHAN MAJUMDAR R/O- PACHIM LANKA GAON VTC- PACHIM BALUHANDAR P.O. LANKA DIST. HOJAI ASSAM PIN- 782446.

6: RAM KRISHNA PAUL S/O- KUSURANJAN PAUL R/O- KUSHAL KUNWAR PATH P.O. LANKA WARD NO. 8 LANKA (MB) SUB DISTRICT- LANKA DIST. HOJAI ASSAM PIN- 782446.

7: SWAPAN SAHA S/O- BIKASH SAHA R/O- JYOTI NAGAR WARD NO 10 LANKA DIST. HOJAI ASSAM PIN- 782446 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GHY-781006.

2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM SECRETARIAT COMPLEX DISPUR GHY-781006.

3:THE DEPUTY COMMISSIONER OF HOJAI DISTRICT ASSAM

4:THE EXECUTIVE OFFICER OF LANKA MUNICIPALITY BOARD LANKA DIST. HOJAI

5:THE CIRCLE OFFICER OF LANKA REVENUE CIRCLE P.O. AND P.S. LANKA DIST. HOJAI

6:THE CHAIRMAN LANKA MUNICIPAL BOARD P.O. AND DIST. HOJAI ASSAM PIN- 782446 Advocate for the Petitioner : MR. A T SARKAR, MR. T AHMED Advocate for the Respondent : GA, ASSAM, R SAHIINII(R-6),MR. D NATH (R-6)

Linked Case : WP(C)/5939/2024 DRUPADI BISWAS AND 2 ORS W/O- LT. JOGESH BISWAS COW MARKET WARD NO. 9 P.O. AND P.S.- LANKA DIST.- HOJAI ASSAM PIN- 783446.

2: NARAYAN BISWAS S/O- BICHITRA BISWAS RESIDENT OF JYOTI NAGAR WARD NO. 10 P.O. AND P.S.- LANKA DIST.- HOJAI

3: BENU CHANDRA S/O- LT. BAKUL CHANDA RESIDENT OF LANKA GAON WARD NO. 10 P.O. AND P.S.- LANKA DIST.- HOJAI ASSAM PIN- 783446.

VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI- 781006.

2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006.

3:THE DEPUTY COMMISSIONER OF HOJAI DISTRICT DIST.- HOJAI ASSAM. PIN- 782442.

4:THE EXECUTIVE OFFICER OF LANKA MUNICIPALITY BOARD LANKA DIST.- HOJAI ASSAM PIN- 782446.

5:THE CIRCLE OFFICER OF LANKA REVENUE CIRCLE P.O.- LANKA P.S.- LANKA DIST.- HOJAI

6:THE CHAIRMAN LANKA MUNICIPAL BOARD P.O. AND P.S.- LANKA DIST.- HOJAI Advocate for the petitioner(s): Mr. AT Sarkar Advocate for the respondent(s): Mr. D Nath for Lanka Municipal Board B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

18.11.2025 Heard Mr. AT Sarkar, the learned counsel appearing on behalf of the petitioners in both the writ petitions. Mr. D Nath, the learned Senior Government Advocate, Assam as well as the learned Standing Counsel who appears on behalf of the Lanka Municipal Board.

2. The grievance of the petitioners herein is that they were earlier carrying on the business of selling vegatables in the Lanka Wholesale Vegetable Market. On account of construction of a building, they vacated the area on the basis of certain resolutions being adopted that the building which would be constructed would be for the benefit of the vendors carrying on the business of vegetables.

3. However, when the building was constructed, the respondent Lanka Municipal Board instead of accommodating the petitioners along with other vegetable vendors allocated the various portions of the building to 76 vendors, thereby depriving the petitioners’ right to vend in the newly constructed building. It is under such circumstances, that both the writ petitions have been filed.

4. On the other hand, Mr. D Nath, the learned counsel who appears on behalf of the Lanka Municipal Board submitted that for the benefit of the vegetable vendors, the Lanka Municipal Board constructed a two-storey building having 76 allocated spaces.

5. Pursuant to an invitation mad