Gauhati High Court

WP(C)/3543/2025 of MOTIOR RAHMAN AND 4 ORS. Vs THE STATE OF ASSAM AND 5 ORS. on 7 October 2026

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GAHC010129962025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3543/2025 MOTIOR RAHMAN AND 4 ORS. S/O LT. MAULABI ABDUL RAHMAN, R/O VILL- KATAJHAR GAON, P.O.- GABARDHANA, PIN-781315, P.S.- GABARDHANA, DIST- BAKSA (BTC), ASSAM 2: MIJANUR

GAHC010129962025

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3543/2025

MOTIOR RAHMAN AND 4 ORS.

S/O LT. MAULABI ABDUL RAHMAN, R/O VILL- KATAJHAR GAON, P.O.- GABARDHANA, PIN-781315, P.S.- GABARDHANA, DIST- BAKSA (BTC), ASSAM

2: MIJANUR RAHMAN

S/O LT. MAULABI ABDUL RAHMAN

R/O VILL- KATAJHAR GAON

P.O.- GABARDHANA

PIN-781315

P.S.- GABARDHANA

DIST- BAKSA (BTC)

ASSAM

3: MUKHLESAR RAHMAN

S/O LT. MAULABI ABDUL RAHMAN

R/O VILL- KATAJHAR GAON

P.O.- GABARDHANA

PIN-781315

P.S.- GABARDHANA

DIST- BAKSA (BTC)

ASSAM

4: MUSTAFIJUR RAHMAN

S/O LT. MAULABI ABDUL RAHMAN

R/O VILL- KATAJHAR GAON

P.O.- GABARDHANA

PIN-781315

P.S.- GABARDHANA

DIST- BAKSA (BTC)

ASSAM

5: RAHIMA KHATUN

D/O LT. ABDUL RAHMAN

R/O VILL- KATAJHAR GAON

P.O.- GABARDHANA

PIN-781315

P.S.- GABARDHANA

DIST- BAKSA (BTC)

ASSA

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT, DISPUR, GUWAHATI-6

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES

DISPUR

GUWAHATI-6

3:THE SECRETARY

MARKET AND FAIRS DEPARTMENT

BODOLAND AUTONOMOUS COUNCIL

AT KOKRAJHAR

DIST- KOKRAJHAR (BTAD)

ASSAM

PIN-783370

4:THE BODOLAND TERRITORIAL AREA DISTRICTS

AT KOKRAJHAR

REPRESENTED BY ITS PRINCIPAL SECRETARY

P.O.- KOKRAJHAR

DIST- KOKRAJHAR (BTAD)

ASSAM

PIN-783370

5:JOINT SECRETARY

BODOLAND TERRITORIAL COUNCIL

BODOFA NWGWR

KOKRAJHAR

P.O.- KOKRAJHAR

DIST- KOKRAJHAR (BTAD)

ASSAM

PIN-783370

6:SUBDIVISIONAL POLICE OFFICER

GOSAIGAON

P.O.- KOKRAJHAR

DIST- KOKRAJHAR (BTAD)

ASSAM

PIN-78337

Advocate for the petitioner(s): Mr. MA Sheikh Advocate for the respondent(s): Ms. M Kataki Standing Counsel AH & Vet Department, Govt. of Assam Ms. U Das, Addl. Sr. Govt. Advocate Mr. BC Musahary, Standing Counsel BTC

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

08.10.2026

Heard Mr. MA Sheikh, the learned counsel appearing on behalf of the Petitioners. Also heard Ms. M Kataki, the learned Standing Counsel, Animal Husbandry and Veterinary Department, Govt. of Assam, who appears on behalf of Respondent No.1; Ms. U Das, the learned Addl. Senior Govt. Advocate, Assam, who appears on behalf of Respondent No.2 and Mr. BC Musahary, the learned Standing Counsel, BTC who appears on behalf of the Respondent Nos.3 to 5.

2. The present writ petition has been filed by the Petitioners assailing the order dated 08.04.2025 whereby the Petitioners representation submitted on 18.07.2024 was rejected on the ground that the Government of Assam had prohibited all and any kind of operation of cattle markets in the State of Assam and also requested the BTC authorities to stop functioning of all cattle markets.

3. This Court enquired with Ms. M Katati, the learned Standing Counsel AH & VET Department appearing on behalf of the Respondent No.1 as to whether there is a ban on the operation of cattle markets in the State of Assam. The learned Standing Counsel submitted that there is no ban in the operation of a cattle market in Assam. However, such cattle markets can only be operated in terms with the Cattle Preservation Act, 2021.

4. Considering the above, it is, therefore, the opinion of this Court that the rejection of the Petitioners’ representation vide the order dated 08.04.2025 is without any application of mind and was an unreasonable and arbitrary exercise. Accordingly, this Court, interferes with the order dated 08.04.2025 impugned in the present proceedings.

5. This Court further disposes of the present writ petition with the following observation(s) and direction(s):

(i) . The order dated 08.04.2025 passed by the Joint Secretary, Bodoland Territorial Council is set aside and quashed.

(ii) . The Respondent Nos.3 to 5, more particularly the Respondent No.3 is directed to take a fresh decision on the representation dated

18.07.2024 by taking into account the provisions of the Cattle Preservation Act, 2021.

(iii) . This Court further grants liberty to the Petitioners to submit fresh representation, along with the certified copy of this order to the Respondent No.3 as the same would aid in taking proper decision on the said representation.

(iv) . This Court further directs that upon receipt of the fresh representation along with the certified copy of this order by the Respondent No.3, a decision be taken by the Respondent No.3 within a period of 2(two) months from the date of service of the representation along with the certified copy of the instant order.

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