WP(C)/5376/2025 of KISHORI MOHAN PAUL Vs THE STATE OF ASSAM AND 6 ORS on 13 September 2026

ORDER

14.09.2026 Heard Mr. D Borah, learned counsel for the petitioner. Also heard Ms. M D Borah, learned Standing counsel, Transport Department for the respondent Nos. 1, 3 & 5; Mr. S Sharma, learned Standing counsel, PWD for the respondent No. 2 as well as Mr. N Das, learned Government Advocate for the respondent Nos. 4, 6 & 7.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the jurisdictional District Commissioner to take immediate necessary action on the basis of the representations/complaints filed by him regarding illegal parking of the vehicles and throwing of garbage in front of the entrance gate and boundary wall of his residence and office.

3. The grievance of the petitioner is that, despite repeated complaints submitted before the Officer-in-Charge, Majuli Police Station as well as the jurisdictional District Commissioner, Majuli, regarding illegal parking of vehicles and indiscriminate dumping of garbage in front of the petitioner’s premises, no action has been taken by the respondent authorities till date. Aggrieved thereby, the petitioner has instituted the present writ petition.

4. I have heard the learned counsels for the parties and perused the materials available on record.

5. It appears that, by way of representations/complaints dated 17.02.2025, 01.03.2025 and, lastly, dated 20.05.2025, the petitioner had approached the jurisdictional District Commissioner, Majuli, seeking necessary action against the illegal parking of vehicles and indiscriminate dumping of garbage in front of the entrance gate and along the boundary wall of his residence and office.

6. The latest representation/complaint dated 20.05.2025 (Annexure-C to the instant petition) is extracted herein below for ready reference:

“To The District Commissioner, Majuli Ref No. DCM-05/MNG/25 Sir, Kamalabari Date- 20.05.2025 Though for many occasion representations were submitted before you for solving our reasonable demands but there is no solution for the same. In this regard to take necessary action some main points are stated herein below

1. For solution of our burning problems as mentioned in our demand on 01.03.2025 a seat in demonstration was to be organized in initiative of our Party on 05.03.2025 in front of your office and regarding that at your office room half an hour discussion was held with you. In the discussion you had advised that for eviction of illegal occupants on public road application has to be filed before the Majuli District & Sessions Judge and before the Judicial Magistrate.

2. On 05.03.2025 in the seat-in demonstration Additional District Commissioner, Sri Simanta Buragohain had also given me the same advice.

3. From Kanak Gogoi, Secretary of Assam State Council, Bharatiya Communist

Party I had got one mobile phone number of Chief Electoral Registration Officer of Assam which number is 18003451947. The person concerned received that number told that regarding any complaint from Majuli asked me to press key number 1 along with the original number. When I did so then the mobile phone switched off which is a mysterious fact. Therefore I request you to take necessary action in this regard.

4. A group of drivers had continuously parked their vehicles on no parking zone in front of my house and office by violating traffic rules for which I request you to take necessary action in this regard.

5. While on 17.06.2024 CCTV cameras were installed in the above. mentioned house wrongdoers had parked their vehicle, their still and live visuals were gathered in the hard disc. Prior to this I had handed over 3 times the photographs of wrongdoers before the Officer-in-Charge of Majuli Police Station and the fine amount will be Lakhs of rupees for those photographs. As the concerned department of the Government had not evaluate the values of these huge fine amounts, thereby Government has deprived the half share and I had also deprived from my half share. Therefore, it requested before you to take necessary action in this regard. Hope, the burning problems will be resolve quickly. Yours faithfully Sd/- Kishori Mohan Paul”

7. It appears that, despite the repeated representations/complaints submitted by the petitioner before the jurisdictional District Commissioner, no action has been taken till date in the matter.

8. In view of the above and in the interest of justice, this Court deems it appropriate to dispose of the present writ petition by directing the jurisdictional District Commissioner, Majuli, to consider the representations/complaints, noted above, submitted by the petitioner and to pass a reasoned order thereon, after examining the grievances raised by the petitioner regarding illegal parking of vehicles and dumping of garbage in front of the entrance gate and boundary wall of his residence and office. The District Commissioner shall pass the said order within a period of three weeks from the date of receipt of a certified copy of this order and shall communicate the same to the petitioner forthwith.

9. Let copy of the representations/complaints along with relevant documents, if any, as well as copy of this order be furnished to the jurisdictional District Commissioner, Majuli by the petitioner for doing the needful.

10. With the above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant