ABDUL MALIK Vs. DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) THIS rule arises out of an application under Article 226 of the Constitution filed by Abdul Malik. The facts necessary for the disposal of the petition are that Abdul Malik (hereinafter called 'the petitioner') is a resident of Dibrugarh town. A sale notice was issued inviting tenders for the settlement of the fishery known as 'Mesaki Nalla' (Register No. 5) situate in Murkongselek Transferred Area, District Lakhimpur. The notice was that the lease will be auctioned for a period of three years commencing from 1st April 1958 to 31st March 1961.

(2.) THE contention of the petitioner is that the order of the Government has been passed without jurisdiction and as the order affects the right of the petitioner to property, he is entitled to come to this Court for a writ of mandamus directing the opposite parties not to give effect to the order of the Government dated 21st November 1960. The facts are set out in the petition filed by the petitioner. He has categorically stated that the fishery known as Mesaki Nalla was auctioned and settled with the petitioner.

(3.) IT was further contended by the Senior Government Advocate that the order passed by the Government was only an administrative order and this Court will not interfere with that order under Article 226 of the Constitution. He further contended that no writ of certiorari could be issued quashing that order. As regards the writ of mandamus his contention is that in the present case the interest of a third party has been affected as there was a dispute as to whether this area is covered by the respondent's lease or the petitioner's lease and as such no mandamus can be issued.