SAHIDUR RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. G. U. Ahmed, learned counsel for the petitioner and Mrs. B. Goyal, learned counsel for State respondents. Also heard Mr. K. Das, learned Standing Counsel, B. T. C.

(2.) THIS Public Interest Litigation has been filed by the petitioner praying for a direction to retain Khoraghat Sand cum Gravel Mahal and Soulmari Sand cum Gravel Mahal, located outside the jurisdiction of Bodoland Territorial Council (B. T. C.), under the jurisdiction of Dhubri Forest Division of the Govt. of Assam. The petitioner has stated in the writ petition that Khoraghat Sand and Gravel Mahal and Soulmari Sand cum Gravel Mahal, both located on the riverbed of Sonkosh/tipkai rivers, are situated within the administrative jurisdiction of Dhubri Forest Division of Govt. of Assam. It has been alleged by the petitioner that Bodoland Territorial Council has been illegally claiming administrative control of Khoraghat Sand and Gravel Mahal. The petitioner submits that the aforesaid unjustified claim of the Bodoland Territorial Council has caused public resentment. It will be pertinent to quote the prayer of the writ petitioner, which is as follows :

(3.) THE petitioner affirmed that though the Govt. of Assam has not yet annonced its final decision regarding the allotment of these Mahals, nevertheless, Bodoland Territorial Council authorities, have been purportedly interferring with the normal functioning of the Dhubri Forest Division. The learned counsel for the petitioner deduced that if the said Mahals are transferred to Bodoland Territorial Council areas, it would jeopardize the rights and privileges of the non-Bodo people living near the said two Mahals.