PRASANTA KR. DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a writ petition filed by writ petitioners (15 in numbers) under Article 226/227 of the Constitution of India seeking to invoke our extra ordinary jurisdiction in the field of Public Interest Litigation (PIL).

(2.) According to the writ petitioners, they are the residents of Lakhipur District. Their main grievance in this writ petition is about the place for construction of one "Recreation Centre Hall" in the area. They say that the site selected by the authorities is neither suitable nor proper for construction of the Recreation Centre Hall and hence it should not be allowed to be constructed at the place chosen by the authorities but it should be at some other place which is of their liking. In other words, the question raised by them for our decision is which is the proper place for construction of Recreation Centre Hall whether at "A" place chosen by the state authorities or at "B" place which writ petitioner say to be more proper and suitable.

(3.) We are afraid; we can entertain the writ petition (PIL) for deciding this question in our PIL jurisdiction. It is not permissible in the light of law laid down by the Supreme Court in a case (Union of India vs Kannadapara, 2002 10 SCC 226).