The Gauhati High Court dismissed a Public Interest Litigation (PIL) filed 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.
The Division Bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam noted that on a complaint filed by some persons, including the present petitioners, the Deputy Commissioner, Hojai has already issued a direction to the Executive Officer of Doboka Municipal Board to enquire into the matter.
G. Uddin, Advocate 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.
Having heard the counsel for the parties and after going through the contents of the petition, the Bench is 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.
It is noted by the High Court that the petitioners have already filed a complaint with the concerned officer and the said officer has already ordered enquiry into the complaints and therefore, the Court is 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.”