GOPAL HARIJAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Public Interest Litigation has been initiated by Shri Gopal Harijan, seeking a relief that the order communicated vide letter dated 11.6.95 (Annexure-4) be quashed alongwith the consequential communication communicated by the letter dated 17.6.95 (Annexure-5) issued by the Deputy Commissioner, Karimganj, Assam and also for quashing of the order communicated vide Memo dated 4.7.95 (Annexure-9) issued by the Deputy Secretary to the Govt. of Assam, Panchayat and Rural Department. It has been further prayed that a writ of madamus be-issued commanding the Deputy Commissioner, Karimganj (Respondent No.4) to enforce his Report dated 26.6.95 (Annexure-8) and to remove all unauthorised markets set up in encroachment of the PWD roadside and other public places in and around Anipur Bus Stand which atre creating hazards to the traffic, Public Safety and convenience and movement of the School going students/children as per his Report/Memo dated 26.6.95 (Annexure-9) and to take positive steps to set up such markets in the newly constructed Anipur Panchayat Market Complex which was constructed for that purpose.

(2.) We have heard! Mr. N. Dhar, the learned counsel for the petitioner at some length, Mr. D.P. Chaliha, Sr. Govt. Advocate appearing on behalf of the State/respondents and Mr. S.S. Dey the learned counsel appearing for the contesting respondents- Nos. 8 and 9. It may also be noted that respondents Nos. 8 and 9 have also filed an affidavit in opposition in this Civil Rule.

(3.) Mr. Dey at the very outset has raised the preliminary objection that the present Public Interest Litigation is not maintainable in-as-much as it dos not come within the purview of the parameters are laid down by the Apex Court for entertaining a Public Interest Litigation.