Bimal Mahato v. The Government of Assam and 13 Ors

ORDER Date : 22-02-2023 The instant writ petition in the nature of PIL has been filed by the petitioner herein with the following prayers: "In the premises aforesaid, it is therefore, prayed that Your Lordships may graciously be pleased to issue Rule calling upon the respondents to show cause as to why a writ of/or in the nature of mandamus/certiorari shall not be issued directing the respondent authorities not to allow the running of Stone Crusher Industry as well as Brick Kiln industry and to initiate an enquiry as to whether those industries have been set up in compliance of prescribed guidelines of the concerned authorities and/or cause or causes being shown and upon hearing the parties may be pleased to make the Rule absolute granting complete relief to the petitioner and/or may be pleased to pass such other order or orders as Your Lordships may deem fit and proper. -AND-Pending disposal of the rule Your Lordships may kindly be pleased to stay the operation of those stone crusher as well as brick kiln industry and/or be pleased to pass such further order or order so as to give effective interim relief to the Page No.# 4/4 petitioner." It is submitted by the learned counsel for the petitioner that before approaching the Court, the petitioner had submitted a detailed representation before the Deputy Commissioner, Udalguri District, Udalguri (Annexure-1) ventilating his grievances, whereupon the Deputy Commissioner, Udalguri, had directed the Circle Officer, Mazbat Revenue Circle, to make an enquiry into the matter and submit a report thereon. However, according to the petitioner, despite such direction given by the Deputy Commissioner, Udalguri, requisite enquiry has not been made. In view of the submissions noted above, we hereby direct the Deputy Commissioner, Udalguri District, Udalguri, to objectively consider the above-mentioned representation submitted by the petitioner and to cause an enquiry into the grievance raised therein and decide the representation by passing a speaking order/to take appropriate steps in this regard, if required, as per law. Requisite exercise in this regard shall be completed within three weeks from today. In case the petitioner is aggrieved by the order to be passed by the Deputy Commissioner, Udalguri, as directed above, the petitioner shall be at liberty to approach this Court by way of a fresh writ petition. The PIL stands disposed of in terms of the above observations and directions.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010012442023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/8/2023o BIMALoMAHATOo S/O-oSRIoSURESHoMAHATO,oR/O-oVILL-oGARUBANDHAo(KHANGKHABARI),o P.O-oORANG,oDIST-oUDALGURI(BTAD),oASSAM,oPIN-o784114 VERSUSo THEoGOVERNMENToOFoASSAMoANDo13oORSo REP.oBYoITSoCHIEFoSECRETARY,oGOVToOFoASSAM,oDISPUR,oGHY-o06 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVToOFoASSAM oPUBLICoADMN oDISPUR oGHY-o781006 3:THEoADDITIONALoSECRETARY oGOVToOFoASSAM oADMNoDEPTT oDISPUR oGHY-o06 4:THEoDEPUTYoCOMMISSIONER oUDALGURIoDIST oUDALGURI oASSAM 5:THEoCIRCLEoOFFICER oMAZBAToREVENUEoCIRCLE oMAZBAT oDIST-oUDALGURI oASSAM PageoNo.#o2/4 6:KESHABoBARUAH oS/O-oSARAToBARUAH oORANG oDIST-oUDALGURI oASSAM 7:PRADUSHoBARUAH oS/O-oKESHABoBARUAH oORANG,oDIST-oUDALGURI oASSAM 8:SHIVoDAYALoSINGH oS/O-oRAMoSINGH oGARUBANDHA oORANG oDIST-oUDALGURI oASSAM 9:SUSHILKUMARoJAIN oS/O-oGANAPAToJAIN oGARUBANDHA oORANG,oDIST-oUDALGURI oASSAM 10:GOPALoSINGH oS/-oRAMoAVTARoSINGH oGARUBANDHA oORANG oDIST-oUDALGURI oASSAM 11:PAWANoSINGH oS/O-oSHIVDAYALoSINGH oGAUBANDHA oORANG,oDIST-oUDALGURI oASSAM 12:PRABHUoAGARWALLA oS/O-oSHYAMoSUNDARoAGARWALLA oGARUBANDHA oORANG,oDIST-oUDALGURI oASSAM 13:SUBALoNARZARY oS/O-oSRIoHARENoNARZARY oGARUBANDHA oORANG,oDIST-oUDALGURI oASSAM Page No.# 3/4 14:ALINDRA MUSHAHARY S/O- BALORAM MUSHAHARY GARUBANDHA ORANG, DIST- UDALGURI ASSAM Advocate for the Petitioner : MR. A SARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM