The Joint Secretary v. Babu Ram Brahma

ORDER Date : 09.02.2024

Heard Mrs. R. B. Bora, learned counsel for the applicant/State and Mr. J. Laskar, learned counsel for the writ petitioner. Mrs. Bora, learned counsel for the applicant, prays for correction/modification of the judgment and order dated 06.02.2024 passed in WP(C) 4432/2023 in paragraph 12, wherein this Court has set aside the approval order dated 03.07.2023. She submits that the setting aside of the approval order dated 03.07.2023 should only be confined to the respondent No. 5, pertaining to Koupati Weekly Cattle Market, as the approval order dated 03.07.2023 pertains to settlement of various other markets also. Mr. Laskar, learned counsel for the writ petitioner, submits that he has got no objection to the prayer made by the applicant's counsel. Page No.# 3/3 In view of the above submissions and on perusing the pleadings, this Court is of the view that the correction/modification of the order dated 06.02.2024 should be allowed. Accordingly, paragraph 12 of the order dated 06.02.2024 passed by this Court in WP(C) 4432/2023 is modified, to the extent that the setting aside of the approval order dated

03.07.2023 will relate only to the case of the respondent No. 5 in the writ petition, pertaining to Koupati Weekly Cattle Market. I.A. is accordingly allowed and disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010028862024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/380/2024 THE JOINT SECRETARY BTC, KOKRAJHAR, ASSAM, PIN 783370 VERSUS BABU RAM BRAHMA S/O- LATE ANANDA BRAHMA, VILL- DALAKATI BORO BAZAR, DIST- UDALGURI, ASSAM Advocate for the Petitioner : SC. BTC Advocate for the Respondent : J LASKAR Linked Case : WP(C)/4432/2023 BABU RAM BRAHMA S/O- LATE ANANDA BRAHMA VILL- DALAKATI BORO BAZAR DIST- UDALGURI ASSAM VERSUS THE BODOLAND TERRITORIAL COUNCIL AND 4 ORS REP. BY ITS PRINCIPAL SECRETARY KOKRAJHAR ASSAM 2:THE CHAIRMAN MARKET SETTLEMENT COMMITTEE BTC KOKRAJHAR ASSAM 3:THE JOINT SECRETARY BTC KOKRAJHAR ASSAM Page No.# 2/3 4:THE BLOCK DEVELOPMENT OFFICER DALGAON SIALMARI DEVELOPMENT BLOCK KHARUPETIA 5:MANESWAR BASUMATARY S/O- NAGEN BASUMATARY R/O- CHENGELIMARI P.O- GERUA BAZAR DIST- UDALGURI ASSAM ------------ Advocate for : MR. J LASKAR Advocate for : SC BTC appearing for THE BODOLAND TERRITORIAL COUNCIL AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA