JOSINGWEL PALIAR Vs. OFFICE OF THE SYIEM OF NOBOSOHPHOH

JUDGEMENT

(1.) The brief facts of the case are that, on an auction held by the respondent No. 2, i.e. the Umdohlun Market Management Committee , the petitioner who had participated in the same was successful and was accordingly granted permission to collect tolls in respect of Umdohlun Market w.e.f. 9/4/2024 to 31/3/2025.

(2.) The grievance as set out by the writ petitioner is that, on being settled with the said market, which he states is a private market run by the respondent No. 2, the respondent No. 1 Syiem of Nobosohphoh by the impugned auction notice dtd. 25/4/2024, called for fresh bids for the said market, which had already been settled with the writ petitioner by the Management Committee. Learned counsel for the petitioner accordingly prays that the said auction notice being without jurisdiction, inasmuch as, the market was already settled with the writ petitioner by the respondent No. 2, who is the owner of the market, the said auction notice being illegal is liable to be quashed and set aside.

(3.) Mr. V.G.K.Kynta, learned Sr. counsel assisted by Ms. C.Nongkhlaw, learned counsel appearing for the respondent No. 3 KHADC, has submitted that as the dispute in question concerns the settlement of a market, the writ petitioner if aggrieved with any order, alternative remedy is available under the Khasi Hills District (Establishment, Management and Control of Markets Regulation), 1979. He therefore submits that the entire dispute as raised can effectively be adjudicated by the respondent No. 1 under the said Regulation.