Manik Paul and 8 Ors v. The Doboka Municipal Board and 3 Ors

PageoNo.#o1/4 GAHC010253382023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/70/2023o MANIKoPAULoANDo8oORSo S/OoSHUKHAMOYoPAUL,oR/OoDOBOKAoTOWN,oWARDoNO.o2,oP.O.oANDoP.S.- DOBOKA,oDIST-HOJAI,oASSAM,oPIN-782440 2:oHIMANGSHUoDEY oS/OoKAIRALIoDEY oR/OoDOBOKAoTOWN oWARDoNO.o2 oP.O.oANDoP.S.-DOBOKA oDIST-HOJAI oASSAM oPIN-782440 3:oMD.oFARUQUEoAHMED oS/OoABDULoMANNAF oR/OoDOBOKAoTOWN oWARDoNO.o10 oP.O.oANDoP.S.-DOBOKA oDIST-HOJAI oASSAM oPIN-782440 4:oSHELIMoUDDIN oS/OoMAKADDASoALI oR/OoDOBOKAoTOWN oWARDoNO.o4 oP.O.oANDoP.S.-DOBOKA oDIST-HOJAI oASSAM oPIN-782440 5:oMITHUNoGHOSH oS/OoDULALoGHOSH oR/OoDOBOKAoTOWN PageoNo.#o2/4 oWARDoNO.o2 oP.O.oANDoP.S.-DOBOKA oDIST-HOJAI oASSAM oPIN-782440 6:oSHAMIMoUDDIN oS/OoJAHIRoUDDIN oR/OoDOBOKAoTOWN oWARDoNO.o5 oP.O.oANDoP.S.-DOBOKA oDIST-HOJAI oASSAM oPIN-782440 7:oABDULoAZIZ oS/OoABDULoKHALIQUE oR/OoDOBOKAoTOWN oWARDoNO.o1 oP.O.oANDoP.S.-DOBOKA oDIST-HOJAI oASSAM oPIN-782440 8:oMONESWARoBORAH oS/OoKANTIRAMoBORAH oR/OoBHOGIRAMoGAON oDOBOKAoTOWN oP.O.oANDoP.S.-DOBOKA oDIST-HOJAI oASSAM oPIN-782440 9:oJYOTIRMOYoGUPTA oS/OoLATEoJAGOJIBONoGUPTA oDOBOKAoTOWN oWARDoNO.o6 oP.O.oANDoP.S.-DOBOKA oDIST-HOJAI oASSAM oPIN-78244o VERSUSo THEoDOBOKAoMUNICIPALoBOARDoANDo3oORSo REPRESENTEDoBYoITSoCHAIRMAN,oP.O.oANDoP.S.-DABAKA,oDIST-HOJAI,o ASSAM,oPIN-782440 Page No.# 3/4 2:THE EXECUTIVE OFFICER THE DOBOKA MUNICIPAL BOARD DIST-HOJAI ASSAM PIN-782440 3:THE DEPUTY COMMISSIONER HOJAI DISTRICT HOJAI ASSAM PIN-782435 4:THE DIRECTORATE OF MUNICIPAL ADMINISTRATION REPRESENTED BY ITS DIRECTOR GOVERNMENT OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI PIN-78100 For the petitioners : Mr. G. Uddin, Advocate For respondent Nos.1 & 2 : Mr. D.K. Sarmah, Advocate For respondent Nos.3 & 4 : Mr. S.S. Barooah, Advocate – B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM 26-02-2024 (Vijay Bishnoi, C.J.) 1) This writ petition is filed by the petitioners in the design of Public Interest Litigation essentially with the prayer for declaring that the action of the respondents in allotting the shops in the Modern Market as well as Vendor Market under Doboka Municipal Board as illegal. It is also prayed that necessary order be passed for conducting enquiry into the irregularities committed in allotment of the above referred shops. 2) It is noticed that on a complaint filed by some persons, including the present petitioners, the Deputy Commissioner, Hojai has already issued a direction to the Page No.# 4/4 Executive Officer of Doboka Municipal Board to enquire into the matter. 3) Learned counsel for the petitioners has submitted that despite the direction issued by the Deputy Commissioner, the Executive Officer is not conducting any enquiry into the irregular allotment of shops in question. It is also contended by the learned counsel for the petitioners that corruption took place in allotment of the shops. 4) Having heard the learned counsel for the parties and after going through the contents of the writ petition, we are of the view that vague allegation of corruption in allotment of the shops has been levelled by the petitioners as no details regarding the illegalities and irregularities have been provided by the petitioners in this petition. On the basis of such vague allegation, no writ of mandamus can be issued as prayed for by the petitioners. 5) It is to be noticed that the petitioners have already filed a complaint with the concerned officer and the said officer has already ordered for enquiring into the complaints and therefore, we are of the view that no direction is required to be passed in this PIL. If the enquiry is not conducted by the concerned officer, it is always open for the petitioners to approach the higher authorities for redressal of their grievance. 6) In view of the above discussion, we do not find any merit in this PIL and the same is, therefore, dismissed.

JUDGE CHIEF JUSTICE

Comparing Assistant