Gauhati High Court directs Deputy Comissioner Udalgiri for conducting enquiry into operations of Brick kiln industry
The Gauhati High Court directed the Deputy Commissioner, Udalguri District, Udalguri, to objectively consider the representation submitted by the petitioner and to cause an enquiry into the grievance raised regarding the operation of those stone crusher as well as brick kiln industry.
The Division Bench of Chief Justice Sandeep Mehta and Justice Suman Shyam disposed of a Public Interest Litigation (PIL) filed by one Bimal Mahato with the following prayers:
“In the premises aforesaid, it is therefore, prayed that Your Lordships may graciously be pleased to issue Rule calling upon the respondents to show cause as to why a writ of/or in the nature of mandamus/certiorari shall not be issued directing the respondent authorities not to allow the running of Stone Crusher Industry as well as Brick Kiln industry and to initiate an enquiry as to whether those industries have been set up in compliance of prescribed guidelines of the concerned authorities and/or cause or causes being shown and upon hearing the parties may be pleased to make the Rule absolute granting complete relief to the petitioner and/or may be pleased to pass such other order or orders as Your Lordships may deem fit and proper.
Pending disposal of the rule Your Lordships may kindly be pleased to stay the operation of those stone crusher as well as brick kiln industry and/or be pleased to pass such further order or order so as to give effective interim relief to the petitioner.”
It is submitted by the counsel for the petitioner that before approaching the Court, the petitioner had submitted a detailed representation before the Deputy Commissioner, Udalguri District, Udalguri ventilating his grievances, whereupon the Deputy Commissioner, Udalguri, had directed the Circle Officer, Mazbat Revenue Circle, to make an enquiry into the matter and submit a report thereon. However, according to the petitioner, despite such direction given by the Deputy Commissioner, Udalguri, requisite enquiry has not been made.
In view of the submissions noted above, the High Court hereby direct the Deputy Commissioner, Udalguri District, Udalguri, to objectively consider the above-mentioned representation submitted by the petitioner and to cause an enquiry into the grievance raised therein and decide the representation by passing a speaking order/to take appropriate steps in this regard, if required, as per law.
In case the petitioner is aggrieved by the order to be passed by the Deputy Commissioner, Udalguri, as directed above, the petitioner shall be at liberty to approach this Court by way of a fresh petition , the Court ordered.