Gauhati High Court

WP(C)/2438/2026 of SHAHIN EKBAL Vs THE STATE OF ASSAM AND 4 ORS on 8 October 2026

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GAHC010086502026 2026:GAU-AS:15295 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2438/2026 SHAHIN EKBAL S/O ENTAZ ALI AHMED, VILLAGE AND P.O. MANDIA, P.S. BAGHBAR, DISTRICT- BARPETA, ASSAM- 781308 VERSUS THE STATE OF ASSAM AND 4 ORS

GAHC010086502026

2026:GAU-AS:15295

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2438/2026

SHAHIN EKBAL

S/O ENTAZ ALI AHMED, VILLAGE AND P.O. MANDIA, P.S. BAGHBAR, DISTRICT- BARPETA, ASSAM- 781308

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER TO THE GOVERNMENT OF

ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 06

2:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

JURIPAR

PANJABARI

GUWAHATI- 781037

3:THE CHIEF EXECUTIVE OFFICER

BARPETA ZILLA PARISHAD

BARPETA

ASSAM - 781031

4:THE DISTRICT COMMSSIONER

BARPETA

ASSAM- 781301

5:THE SECRETARY

MANDIA ANCHALIK PANCHAYAT

MANDIA

BARPETA

ASSA

Advocate for the Petitioner : MD S HOQUE, MR. M DEKA

Advocate for the Respondent : GA, ASSAM, SC, P AND R.D.

BEFORE

HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

Date : 09.10.2026 Heard Mr. S. Hoque, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department.

2. The learned Standing Counsel has submitted that a fresh tender has been floated for settlement of the market and therefore, this writ petition, where the prayers were for settling market in favour of the petitioner or for directing the respondents to act in compliance with the communication dated 10.03.2026 issued by the Secretary to the Govt. of Assam, does not survive for adjudication.

3. The learned counsel for the petitioner submits that this is a deliberate attempt to frustrate the writ petition.

4. We have noticed that the term for the settlement of the market was for the year 2025-26, which has now long elapsed.

5. With the issuance of the new tender process, no adjudication can be made on the basis of the statements made in the writ petition, which do not point any mala fide intentions of any of the officials, neither the concerned officials made parties by name, by which they could have responded to the allegations been sought to be leveled today.

6. Accordingly, the writ petition is closed as it does not require any further adjudication.

7. This will not debar the petitioner from assailing or ventilating their grievances in any manner known to law.

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