Hanif Ali Ahmed vs The State Of Assam And 4 Ors on 7 July, 2026

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    Gauhati High Court

    Hanif Ali Ahmed vs The State Of Assam And 4 Ors on 7 July, 2026

                                                                    Page No.# 1/4
    
    GAHC010140292026
    
    
    
    
                          THE GAUHATI HIGH COURT
      (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                             Case No. : WP(C)/3570/2026
    
             HANIF ALI AHMED
             SON OF LATE ALIMUDDIN AHMED, R/O VILLAGE HIRAPARA, P.O. DHULA,
             DISTRICT - DARRANG, ASSAM, PIN 784146
    
             VERSUS
    
             THE STATE OF ASSAM AND 4 ORS
             REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
             PANCHAYAT AND RURAL DEVELOPMENT, DEPARTMENT, DISPUR,
             GUWAHATI-6
    
             2:THE DISTRICT COMMISSIONER (DC)
              DARRANG
              MANGALDAI
              DISTRICT - DARRANG
             ASSAM
              PIN-784125
    
             3:THE DARRANG ZILLA PARISHAD
              MANGALDAI
              REPRESENTED BY ITS PRESIDENT
              DISTRICT - DARRANG
             ASSAM
              PIN-784125
    
             4:THE CHIEF EXECUTIVE OFFICER (CEO) OF DARRANG ZILLA PARISHAD
              MANGALDAI
              DISTRICT - DARRANG
             ASSAM
              PIN-784125
    
             5:ABDUL HALIM
              S/O ABDUL ROSHID
             VILLAGE- GORAPORI CHAPORI
                                                                          Page No.# 2/4
    
                 P.O. DHULA
                 DISTRICT - DARRANG
                 ASSAM
                 PIN 78414
    
    Advocate for the Petitioner   : MR. B RAHMAN,
    
    Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.
    
    
    
    
                                       BEFORE
                     HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
    
                                             ORDER
    

    Date : 07.07.2026

    1. Heard Mr. T. J. Mahanta, learned senior counsel assisted by Mr. B.
    Rahman, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned
    standing counsel for the P&RD Department, appearing for the respondent Nos.
    1 and 4 as well as Mr. S. S. Roy, learned Government Advocate, appearing for
    the respondent No. 2.

    SPONSORED

    2. This writ petition under Article 226 of the Constitution of India has
    been preferred by the petitioner, namely, Hanif Ali Ahmed impugning the order
    dated 01.07.2026 by which the Chief Executive Officer of Darrang Zilla Parishad
    has allowed the ex-lessee to run the Targani Weekly Cattle market at lowest rate
    as an interim arrangement till the settlement of the said market.

    3. The learned senior counsel for the petitioner submits that the order
    dated 01.07.2025, issued by the Chief Executive Officer of Darrang Zilla
    Parishad, whereby the temporary settlement of Targani Weekly Cattle market
    was given to the previous lessee at the rate of previous settlement value (2023-

    24) is in violation of the statutory provisions contained in Section 105 of the
    Assam Panchayat Act, 1994.

    Page No.# 3/4

    4. He submits that earlier there was a notification dated 29.06.2024,
    issued by the Principal Secretary to the Government of Assam, Panchayat and
    Rural Development Department which allowed such temporary settlement until
    new tenderer are finalized. However, he submits that the Co-ordinate Bench of
    this Court by its judgment dated 29.11.2024 passed in Writ Petition (Civil)
    5993/2024 and similar other writ petitioners have set aside the said notification
    regarding so far as granting of extension to existing lessee till new tenderers are
    finalized as same runs counter to Section 105 of the Assam Panchayat Act, 1994
    as well as Rule 47 of the Assam Panchayat (Financial) Rules, 2002.

    5. Issue notice to the respondents.

    6. Since, the respondent Nos. 1, 2 and 4 are represented by the learned
    Government Advocate, no formal notice need to be issued to the said
    respondents.

    7. The petitioner is directed to serve extra copies of the writ petition along
    with annexures to the learned Government Advocate for the respondent Nos. 1,
    2 and 4.

    8. However, as regards the respondent Nos. 3 and 5 are concerned, the
    petitioner shall take steps for issuance of notice by speed post as well as by

    usual mode within seven days from the date of this order, returnable on 5 th of
    August, 2026.

    9. In the meanwhile, considering the submissions made by the learned
    senior counsel for the petitioner, as discussed in the foregoing paragraph, the
    operation of the impugned order 01.07.2026 bearing Memo No.
    DZP/Bazar/1461/240 issued by the In-charge Chief Executive Officer, Darrang,
    Page No.# 4/4

    Zilla Parishad, Mangaldai shall remain stayed till the next returnable date.

    10. During the period of operation of the stay order, the above mentioned
    market is directed to be run by the concerned Zilla Parishad as per provisions of
    Section 105(5) of the Assam Panchayat Act, 1994.

    11. List accordingly.

    JUDGE

    Comparing Assistant



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