Nabajyoti Hazarika v. The State of Assam and 4 Ors

ORDER

06.10.2023 Heard Ms. M. Borah, learned counsel appearing for the writ petitioners. Also heard Ms. M. D. Borah, learned Standing Counsel, Transport Department, Assam appearing for the official respondents. Mr. R. Sarma, learned counsel is present on behalf of respondent No.5 in WP(C) No.4106/2022. In all these writ petitions the petitioners are licence holders for setting up Auto Emission Testing Stations (AETS) in their respective places. The grievance of the petitioners is that there is no proper guidelines issues by the Transport Department for setting up new AETS by maintaining proper distance between two such stations. Ms. M. D. Borah, learned Standing Counsel, Transport Department, Assam submits that the Department has already issued a notification dated 29.10.2019 laying down certain guidelines and by the judgment and order dated

16.02.2022 passed in WP(C) No.6369/2021 and a batch of similar writ petitions, Page No.# 5/6 the learned Single Judge had issued certain directions in the matter which are available in paragraphs 9 and 10 of the order. According to Ms. M. D. Borah, the said order would cover the case of the present petitioners as well. Therefore, these writ petitions can be disposed of in terms of the order dated 16.02.2022 passed by the learned Single Judge. Ms. M. Borah, learned counsel for the petitioners and Mr. R. Sarma, learned counsel for the private respondent are also in agreement with the said proposition. I find from the order dated 16.02.2022 passed in WP(C) No.6369/2021 and the batch of connected writ petitions that the petitioners therein had also expressed similar nature of grievance. Taking note of the grievance expressed in the writ petition the learned Single Judge had passed the order dated

16.02.2022 disposing of the writ petitions with the following directions and observations :- "9. The respondent Transport Department stated that license to conduct Carbon Monoxide/Hydrocarbon/Oxides of Nitrogen Emission Test for Automobiles Exhaust or permit to conduct Smoke Test for Diesel/Petrol Engine Vehicles have not yet been issued and further clarified that without such reports of the District Transport Officer, new license relating to private AETS shall not be considered.

¶10After hearing the learned counsels for the parties and considering entire aspect of the matters, the Court is of the view that till the Transport Department of the State Government does not come with a new Guidelines regarding installation and grating of license for new AETS, the respondent Transport Department of the State shall strictly follow all the specifications as provided by the Commissioner of Transport, Government of Assam in its letter No.CT-AETS/6693 dated 29.10.2019."

Page No.# 6/6 Since the learned counsel for the parties are in agreement that the aforesaid directions would be applicable and cover the case of the present petitioners as well, I dispose of this writ petition by providing that the order dated

16.02.2022 passed by the learned Single Judge in WP(C) No.6369/2021 and the batch of connected writ petitions will apply in the case of the present petitioners as well. Writ Petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010120252022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4167/2022o AJIToBORTHAKURo S/OoLATEoKAMALESWARoBORTHAKUR,oR/OoKACHALUKHOWA,oNEARo HOUSINGoCOLONY,oWARDoNO.o12,oP.S.-NAGAONoSADAR,oP.O.-NAGAON,o PIN-782001,oDIST-NAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oTRANSPORToDEPARTMENT,oDISPUR,o GUWAHATI-6 2:THEoASSISTANToCOMMISSIONERoTOoTHEoGOVERNMENToOFoASSAM oTRANSPORToDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONERoOFoTRANSPORT oASSAM oGUWAHATI-6 4:THEoDISTRICToTRANSPORToOFFICER oNAGAON oP.O.oANDoP.S.-NAGAON oPIN-782001 oDIST-NAGAON oASSAM 5:MRIDUPABANoBORAH oS/OoLATEoPRAFULLAoCH.oBORAH oR/OoVILL-KUJIDAH oP.O.-HATICHONG Page No.# 2/6 P.S.-JAJORI DIST-NAGAON PIN-78214 Advocate for the Petitioner : MS M BORAH Advocate for the Respondent : SC, TRANSPORT Linked Case : WP(C)/4106/2022 DEEP BANIKYA SON OF LATE GOPAL BANIKYA RESIDENT OF SHIBPUR WARD NO. 3 NEAR L.P. SCHOOL P.O. AND P.S.- ABHAYAPURI DISTRICT- BONGAIGAON PIN- 783384. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT DISPUR GUWAHATI-6. 2:THE ASSISTANT COMMISSIONER TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT DISPUR GUWAHATI-6. 3:THE DEPUTY COMMISSIONER OF TRANSPORT GUWAHATI-6. 4:THE DISTRICT TRANSPORT OFFICER BARPETA P.O. AND P.S.- BARPETA PIN- 781301 DISTRICT- BARPETA Page No.# 3/6 ASSAM. 5:BIKASH DAS RESIDENT OF VILLAGE DURAMARI P.O.- DURAMARI P.S.- SORBHOG DISTRICT- BARPETA PIN- 781317. ------------ Advocate for : MS M BORAH Advocate for : SC TRANSPORT appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/4120/2022 NABAJYOTI HAZARIKA SON OF LATE MAHESH HAZARIKA RESIDENT OF VILLAGE URIAGAON P.O. URIAGAON P.S. NAGAON SADAR DISTRICT NAGAON ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT DISPUR GUWAHATI-6 2:THE ASSISTANT COMMISSIONER TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT DISPUR GUWAHATI-6 3:THE DEPUTY COMMISSIONER OF TRANSPORT GUWAHATI-6. 4:THE DISTRICT TRANSPORT OFFICER NAGAON P.O. AND P.S. NAGAON Page No.# 4/6 DISTRICT NAGAON PIN 782001. 5:SMTI. RAKHI SAIKIA WIFE OF ANUP KUMAR SAIKIA RESIDENT OF B.B. ROAD MARWARI PATTY P.O. AND P.S. NAGAON DISTRICT NAGAON PIN 782001. ------------ Advocate for : MS M BORAH Advocate for : SC TRANSPORT appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM