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Machkhowa vendors� writ rejected

By Law reporter

GUWAHATI, April 5 � The Gauhati High Court today dismissed the writ petition filed by Machkhowa vegetable vendors against the order of shifting of TR Phookan Road Vegetable Market from Machkhowa to Assam State Agriculture Marketing Board premises at Pamohi, Gorchuk.

The writ petition was filed by the vegetable vendors of Machkhowa before the Court (WP(C) No. 1703/12) challenging the order dated March 31, 2012 issued by the Commissioner, GMC.

Pranab Pathak, senior advocate while arguing the case for the petitioner contended that in terms of the earlier judgment passed by the High Court in PIL No. 26/04, the present Machkhowa market is supposed to be shifted to Paschim Boragaon, Gorchuk and, therefore, the impugned order dated March 31, 2012 for shifting of the market to Pamohi, Gorchuk is contrary to the judgment passed by the High Court in the PIL.

KN Choudhury, senior additional advocate general, Assam appearing for the respondent, vehemently argued that the petitioners have filed the writ without disclosing facts. Choudhury explained that by an affidavit filed by the State Government in SLP (C) No. 31914/10 instituted by the vendors before the Supreme Court of India stated that the vegetable vendors of TR Phookan Road Vegetable Market would not be shifted to Paschim Boragaon, Gorchuk and, instead, they would be shifted to Pamohi.

Justice BK Sarma, after hearing the writ petition and also after observing the fact that the Supreme Court has already dismissed SLP (C) No. 3191/10, dismissed the writ petition.

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Machkhowa vendors� writ rejected

GUWAHATI, April 5 � The Gauhati High Court today dismissed the writ petition filed by Machkhowa vegetable vendors against the order of shifting of TR Phookan Road Vegetable Market from Machkhowa to Assam State Agriculture Marketing Board premises at Pamohi, Gorchuk.

The writ petition was filed by the vegetable vendors of Machkhowa before the Court (WP(C) No. 1703/12) challenging the order dated March 31, 2012 issued by the Commissioner, GMC.

Pranab Pathak, senior advocate while arguing the case for the petitioner contended that in terms of the earlier judgment passed by the High Court in PIL No. 26/04, the present Machkhowa market is supposed to be shifted to Paschim Boragaon, Gorchuk and, therefore, the impugned order dated March 31, 2012 for shifting of the market to Pamohi, Gorchuk is contrary to the judgment passed by the High Court in the PIL.

KN Choudhury, senior additional advocate general, Assam appearing for the respondent, vehemently argued that the petitioners have filed the writ without disclosing facts. Choudhury explained that by an affidavit filed by the State Government in SLP (C) No. 31914/10 instituted by the vendors before the Supreme Court of India stated that the vegetable vendors of TR Phookan Road Vegetable Market would not be shifted to Paschim Boragaon, Gorchuk and, instead, they would be shifted to Pamohi.

Justice BK Sarma, after hearing the writ petition and also after observing the fact that the Supreme Court has already dismissed SLP (C) No. 3191/10, dismissed the writ petition.