MD MASUD ALI MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Art.226 of the Constitution of India.

(2.) Over six years ago, way back on the 9th of Aprl. 1980, the District Magistrate, Cachar in exercise of his power under S.5 of the Assam Maintenance of Public Order Act, 1947 (for short, "the Act") ordered that the villagers of 'Dinonathpur Part I and Part II should pay a "Collective fine" of Rs. 15,000/- within 25 days of the date of publication of the order. However, the amount of fine which each family of the village was liable to pay would be communicated individually to the families and a list would be prominently displayed in the village, the concerned Gaon Panchayat office and the office of the Sub-Deputy Collector, Katlisherra. Further, it was directed that the fine should be paid within 25 days from the date of receipt of the notice and in any case not later than 10th May, 1980 and that the fine would be recovered as arrears of land revenue from the person or persons concerned who fail to comply with the above order. The petitioner, representing himself and the villagers of Dinonathpur Part I and Part II, has questioned the validity of the order under Art.226 of the Constitution of India.

(3.) It has been contended by Mr. S.A. Laskar that three persons had died but there was no communal tension at the relevant time and none had failed to inform the authorities about any communal violence in or around the village and/or failed to render any assistance to the authority to discover and/or apprehend the offenders and as such, the impugned order rendered under S.5 of "the Act" is liable to be set aside. The next contention is that the petitioners were entitled to a post-decisional hearing and learned counsel relies on the following decisions :