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Showing contexts for: MANGALDAI in Rafikul Islam vs The State Of Assam And 6 Ors on 11 March, 2022Matching Fragments
After the said order of the Hon'ble Division Bench dated 11.01.2022, the Pub-Mangaldai Anchalik Panchayat passed an order on 13.01.2022 temporarily handing over the said Open market with one Rafikul Islam to run the same and to collect the tolls, taxes etc. during the intervening period.
The Darrang Zilla Parishad represented by its Chairman Dhirendra Deka preferred a review petition being Review Pet. No. 24/2022 before the Hon'ble Division Bench praying for review of the order dated 11.01.2022 passed in the connected WA No. 7/2022, stating that with regard to the markets whose yearly sale value is more than Rs. 1 lakh, including the "Tangni Weekly Cattle Market" as well as the "Tangni Weekly Open Market", following the provisions of Section 109(6) of the Assam Panchayat Act, 1994, such markets should be allowed to run by the Darrang Zilla Parishad during the intervening period and not by the Pub-Mangaldai Anchalik Panchayat as the Page No.# 4/8 Anchalik Panchayat does not have the jurisdiction as per law to settle the markets whose sale value is more than Rs. 1 lakh.
Therefore, the review petitioner Darrang Zilla Parishad prayed before the Hon'ble Division Bench to review the said order dated 11.01.2022 passed in WA No. 7/2022 whereby the Pub- Mangaldai Anchalik Panchayat was directed to manage the "Tangni Weekly Cattle Market" and "Tangni Weekly Open Market" under Dhula Gaon Panchayat, Darrang during the intervening period.
Considering such prayer of the review petitioner Darrang Zilla Parishad, Mangaldai, Darrang and after hearing the parties, the Hon'ble Division Bench by order dated 22.02.2022 in Review Petition No. 24/2022, modified the last paragraph of the order dated 11.01.2022 passed in Writ Appeal No. 7/2022 as follows:
Page No.# 5/8 The petitioner herein was the lessee of said "Tangni Weekly Open Market" for the year 2020-2021. After the order dated 11.01.2022 passed by the Hon'ble Division Bench in WA No. 6/2022 and due to insufficient numbers of employees with it to collect tax directly and as per the resolution No.1 taken by the General Standing Committee of Pub-Mangaldai Anchalik Panchayat in its meeting dated 13.01.2022, the Executive Officer of Pub-Mangaldai Anchalik Panchayat by its letter No. PMAP/Bazar/101/2021-22/1370 dated 13.01.2022, allowed the petitioner to collect tolls from the said "Tangni Weekly Open Market" directing him to deposit an amount 25% above Rs. 17,733/- per week in advance in terms of the direction issued by the State Government in the Panchayat and Rural Department in its Notification No. PDA.403/2018/11 dated 28.06.2019 (Annexure-III to the writ petition).
The Executive Officer, Pub-Mangaldai Anchalik Panchayat by the said letter dated 13.01.2022 directed the petitioner not to collect tolls above the Government fixed rate and he has to comply with all the terms and conditions specified in the Tenders issued by the office of the said Anchalik Panchayat for the years 2021-22 and by following the COVID-19 protocols, indicating that said order may be cancelled at any time.
It is stated that petitioner on 24.02.2022 submitted a representation before the President/Chief Executive Officer, Darrang Zilla Parishad, Mangaldai stating that he is running the said "Tangni Weekly Open Market" for the period 2021-22 in terms of the order of the Darrang Zilla Parishad and Pub-Mangaldai Anchalik Panchayat issued in terms of the Notification No. PDA.403/ 2018/11 dated 28.06.2019 of the Panchayat and Rural Department of the State and that he was the lessee of the said cattle market during the year 2020-21 as per said Notification dated 28.06.2019. In the said representation petitioner prayed before the authorities of the Darrang Zilla Parishad to allow him to run the said open market temporarily in terms of the said Notification dated 28.06.2019.