K S NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India seeking amongst others a Writ in the nature of mandamus commanding the respondents to start the work of residence of the judicial officers of Hailakandi without any further delay in allotting the work.

(2.) The Government of Assam accorded administrative approval and financial sanction for construction of residential buildings, for Assistant District Judge and Sessions Judge as well as construction of residential buildings of Chief Judicial Magistrates in the District Hailakandi in addition alongwith other districts of Assam. Inspite of administrative approval and allotment of fund by the State Govt. to the High Court, the respondents, more particularly the PWD authority did not proceed with the work in right earnest in the Hailakandi District causing inconvenience as well as serious loss to the State exchequer The petitioner accordingly presented this writ petition seeking the following relief :

(3.) The petition was presented by the District and Sessions Judge, Hailakandi. Objection was taken by the Stamp reporter of the High Court in entertaining of the petition for want of Court fee. Instead of taking a technical approach on the matter, I on my own requested Mr. Hrishikesh Roy, Advocate of the High Court who is incidentally is also the Secretary of the High Court Bar and was present in the Court to assist this Court as Amicus Curiea on behalf of the petitioner. Mr. Roy, the learned counsel accepted the request and accordingly the matter was ordered to be posted by order dated 23.2.98. A copy of the writ petition was furnished by the Registry to Mr. Roy the learned counsel and Mr. K.H. Choudhury, the learned Addl. Sr. Govt. Advocate. The matter was accordingly taken up for consideration.