UPAL BARBARA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been preferred by the petitioners for issuance of an appropriate writ to quash the order dated 5.6.98 passed by the Addl. District Magistrate, Kamrup, Guwahati in exercise of powers under Section 144 of the Code of Criminal Procedure banning the use of polythene bags throughout the Distinct of Kamrup.

(2.) According to the petitioner, they are proprietors of different firms operating factories for manufacture and supply of polythene bags throughout the State of Assam after obtaining licences/No Objection Certificate from the competent authorities, namely, Gauhati Municipal Corporation. District Industries Centre and Assam Pollution Control Eloard. The impugned order imposing ban on the use of polythene bags has adversely affected the business of the petitioners infringing upon the right of the petitioner to carry on trade and business.

(3.) The respondent No. 2 (The Secretary of Pollution Board, Assam, Guwahati) and respondent No. 3 (The Additional District Magistrate, Kamrup, Guwahati) have filed separate affidavit-in-opposition challenging the writ petition on the ground of locus standi of the petitioners to invoke the jurisdiction of this Court under Article 226 of the Constitution and reiterating the correctness and valtidity of the order assailed in this writ petition.