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