Mofidul Islam v. The State of Assam and 3 Ors

ORDER Date : 08.11.2024

Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned counsel for the P&RD Department and Mr. S. R. Baruah learned counsel for the State respondents.

¶2The petitioner's case is that the Mandia Anchalik Panchayat, Mandia, District-Barpeta on 10.05.2021 issued NIT, for settlement of Hats/Ghats/ Par Ghats etc., including the Cattle Market of Mandia Hat under Mandia Gaon Panchayat for the period from 01.07.2021 to 30.06.2022.

¶3Pursuant to the same, the petitioner submitted his bid and the Chief Executive Officer, Barpeta Zilla Parishad, by order dated 15.07.2021, settled the said Mandia Cattle Market with the petitioner, for an amount of Rs.36,35,999/-. It is stated by the petitioner that after the settlement of said Market with the petitioner, the time period of the Market was reduced to 6 (six) hours with effect from 01.09.2021, as per the Government policy on the COVID-19 pandemic and further, a part of the land of the said Cattle Market, measuring about 2 Kathas, had been handed over to another person and as such there was no such cattle market at Mandia Hat.

¶4Since the petitioner suffered huge financial loss, he approached the respondents for remission up to 50% of his settled value of Rs.36.35,999/-, towards settlement of the said Mandia Cattle Market for the period up to

30.06.2022. Page No.# 3/4

¶5Pursuant to the order of the Court dated 20.12.2021, the petitioner has filed an additional affidavit in the matter on 03.01.2022, enclosing the money receipt of Rs.18,18,000/- dated 02.08.2021, which he had deposited at the time of settlement of the said Market and also the agreement signed by the petitioner with the Chief Executive Officer, Barpeta Zilla Parishad on 26.08.2021, by which the petitioner agreed to pay the relevant Kist (revenue) with the said Barpeta Zilla Parishad for the said Cattle Market.

¶6The petitioner's counsel submits that as the petitioner had suffered a huge loss while running the market, the petitioner submitted a representation dated

26.10.2021 to the respondent No. 1, for grant of full remission of the revenue payable by the petitioner. However, the respondents have not taken a decision on the petitioner's representation till date. He submits that the writ petition can be disposed of, if a direction is issued to the respondent No. 1, to take a decision on the petitioner's representation dated 26.10.2021.

¶7Mr. S. Dutta, learned counsel for the P&RD Department submits that instead of the respondent No. 1 taking a decision on his earlier representation, the petitioner should submit a fresh representation to the respondent No. 1, for consideration as to whether the remission should be allowed, as per Rule 49 of the Assam Panchayat Rules, 2002.

¶8On considering the submissions made by the learned counsels for the parties, the petitioner is given the liberty to submit a fresh representation to the respondent No. 1, with regard to his grievance and his prayer for grant of remission. In the event, the petitioner submits a representation, the same should be considered and disposed of by the respondent No. 1, within a period Page No.# 4/4 of 2(two) months from the date of receipt of the petitioner's representation along with a copy of this order.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010216722021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6959/2021o MOFIDULoISLAMo S/OoSHAMSULoHOQUEo VILL.oMOURIoGAON,oPOoMANDIA,o PSoBAGHBOR,oDISToBARPETA,oASSAMo781308 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo PANCHAYAToANDoRURALoDEVELOPMENTo,o DISPURoGUWAHATIo06 2:THEoDEPUTYoCOMMISSIONER oBARPETA oASSAMo781301 3:THEoCHIEFoEXECUTIVEoOFFICER oBARPETAoZILLAoPARISHADo oBARPETA oASSAMo781301 4:THEoEXECUTIVEoOFFICER oMANDIAoANCHALIKoPANCHAYATo oMANDIA oPOoMANDIA oDISToBARPETA oASSAMo78130o AdvocateoforotheoPetitionerooooo:oMR.oAoROSHID,oMS.oToBEGUM,MS.oMoRoDEVIo AdvocateoforotheoRespondento:oGA,oASSAM,oSC,oPoANDoR.D.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA