GAR ALI BYABASAYI SANTHA, JORHAT Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) This public interest litigation has been filed by the Garh Ali Byabasayi Santha, Jorhat, an Association of traders and shopkeepers of Garh Ali, Jorhat Town, praying for a writ of Mandamus directing the respondent Nos. 1 and 2 to pay adequate compensation to the aggrieved shopkeepers of Jorhat Town who had been compelled to sustain loss because of arbitrary action of the respondents in opening the shops by breaking open the locks and by damaging the shutters, door etc. It has also been prayed for issuance of a writ in the nature of Prohibition directing the respondents to refrain from adopting illegal means in future.

(2.) We have heard Mr. DC Mahanta, learned counsel appearing for the petitioner Association, and Mr. BC Das learned Additional Senior Govt. Advocate appearing for the State respondents.

(3.) This case was heard on 7.11.94 when Mr. Mahanta, counsel appearing for the petitioner Association had made a statement that the petitioner Association gives up their claim for claiming compensation against the respondents and thus the only issue which remains for adjudication in this case is the right of the respondents to forcibly get the shops open.