HAFIZ RASHID AHMED CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Through this petition brought in the name of public interest litigation the petitioner, a practising Advocate of this Court seeks to challenge certain alleged shady deals of a valuable plot of land by the Land Revenue Minister of Government of Assam. The; petition is based on a news item published in local press, which has been annexed to the petition and annexed to the petition as Annexures-1 and 2.

(2.) The learned counsel appearing for the petitioner has raised the following points that (1) the lands in question were settled/allotted to the fictitious persons and subsequently got transferred in the names of relatives of Respondent No. 3 or his personal staff relations. The Respondent No.3 whose personal staff is also beneficiary of such transfer . (2) The alleged transfers were effected by Respondent No. 3 by abusing his official position and power. The petitioner has prayed for a direction to the Central Bureau of Investigation to investigate this case.

(3.) On being asked if there is a Lokayukta in the State of Assam the learned counsel appearing for the petitioner stated that there is one. Considering the nature of allegations made and the relief sought, to our mind approaching the Lokayukta in this behalf would! be a better and proper course as Lokayukta has an investigating machinery at its disposal who can probe into the matter in a more effective manner. The public interest involved in the petition vis-a-vis the petitioner himself is as claimed by the petitioner that he has contested the Lok Sabha election and holds about one lakh votes. It does not stop there. He further avers in paragraph 3 of the petition that he is a prospective candidate, of a minority group of political party for the ensuing Lok Sabha election. It is this factual background that has impelled the petitioner, inspired by public interest who approached this Court alleging that the procedural rules of grant of settlement of land have been violated by the Respondent No. 3.