SUNIL RANJAN DE Vs. THE STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) THIS application under Art. 226 of the Constitution of India is directed against the order of the Governor made in the notification dated 23 -9 -1969 under Section 334(4) of the Assam Municipal, Act, 1956, hereinafter referred to as 'the Act'. The Governor by this impugned order declared certain area specified in the earlier notification of 18 -4 -1969 to be a notified area termed as Dhing Small Town in the District of Nowgong.

(2.) IT appears from a perusal of the impugned notification, and it is not denied by the petitioner, that there was the first notification dated 18 -4 -1969 inviting objections to the Constitution of the Small Town under Section of the Act. It is stated by the petitioner that the inhabitants of Dhing Town submitted various representations objecting to the Constitution of the Small Town. He, however, has not stated in his petition that he had submitted any objection as required under the law within the time provided for under Section 334(3). Besides under Section 334(3) only the inhabitants of the specified area can submit written objections. Although the petitioner claims to be a resident of the specified area, the Respondents have denied this assertion. We are therefore, unable to investigate this question of fact and come to a conclusion whether the petitioner is a resident of the specified area enabling him under the law to submit written objection under Section 334. Apart from that Mr. Rahman, the learned counsel appearing on behalf of the petitioner, could not show that in fact the petitioner had submitted any written objection. That being the position, the petitioner has no locus standi to move this Court on the Writ side challenging the impugned order. Faced with this position. Mr. Rahman submitted that, at any rate, the notification is without jurisdiction in view of the fact that a part of Batadrova Anchalik Panchayat has been included within the notified area of the Town. The learned Counsel draws our attention to Sections 3 and 5 of the Panchayat Act and also the Section 1(2) of the said Act. We need not consider Sections 3 and 5 in this case as those sections authorise establishment and constitution of Gaon Sabha and Anchalik Panchayat Section 3 provides for notification declaring any area to be a Gaon Sabha and Section 5 makes provision for declaration of an Anchalik Panchayat. In view of the submission made by Mr. Rahman, we should read Section 1(2):

(3.) IN the result, the application fails and is accordingly dismissed. We will however, make no order as to costs.