Gauhati High Court

WP(C)/1540/2018 on 11 June, 2025

  GAHC010048942018




                                           2025:GAU-AS:7751

                   IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

                            WP(C) NO.1540 OF 2018

                            The Greater Cooch Behar
                            People's Association, through its
                            President, Sri Nirmal Ray,
                            S/o- Late Nagendra Nath Ray,
                            R/o- Vill & P.O.- Kalijani,
                            P.S.- Pandibari,
                            District Cooch Behar, West
                            Bengal, PIN- 736133.

                                           .......Petitioner

                                -Versus-

                      1.    The State of Assam,
                            Represented by the Prinicpal
                            Secretary to the Government of
                            Assam, Home and Political
                            Department, Dispur, Assam.

                      2.    Deputy Commissioner-cum-
                            District Magistrate, Bongaigaon
                            District, Assam, PIN-783380.

                      3.    The Superintendent of Police,
                            Bongaigaon District, Assam,
                            PIN-783380.

                      4.    Divisional Railway Manager (W),
                            N.F. Railway, Rangiya,
                            District Kamrup (Rural),
                            PIN-781354.

                                                  Page 1 of 12
                         5.     Golap Pathak,
                               President,     All   Bongaigaon
                               District         Koch-Rajbongshi
                               Students' Union, Bongaigaon
                               District, Assam, PIN-783380.
                        6.     Sri Prabhat Singha,
                               Secretary,     All   Bongaigaon
                               District         Koch-Rajbongshi
                               Students' Union, Bongaigaon
                               District, Assam, PIN-783380.

                                            .......Respondents

                        -BEFORE-

      HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

For the Petitioner      : Mr. R. Sarmah, Advocate

For the Respondent(s)   : Mr. G. Bokolia, State Counsel, for
                          respondent Nos. 1 to 3.

                        : Mr. B. Sarma, Standing Counsel,
                          Railway, for respondent No. 4.

Date of Hearing         : 11.06.2025.

Date of Judgment        : 11.06.2025.

              JUDGMENT & ORDER (ORAL)

Heard Mr. R. Sarmah, learned counsel for the petitioner. Also heard Mr. G. Bokolia, learned state counsel, appearing for the respondent Nos.1 to 3, and Mr. B. Sarma, learned Standing Counsel, Railway, appearing for the respondent No.4. None appears for respondent Nos. 5 and 6.

2. By way of this writ petition under Article 226 of the Constitution of India, the writ petitioner is assailing the order dated 29.01.2018, issued by the District Magistrate, Bongaigaon, i.e respondent No.2 whereby the said authority has cancelled the permission earlier granted to the petitioner/association for holding the 508th Birth Anniversary of Bir Surya Biswa Mahabir Chilaray and 20 th Annual Convention of the Association at Dangtol Railway Institute Playground on 30th and 31st January, 2018.

3. The brief facts of the case are that the petitioner/association, in order to celebrate the 508th Birth Anniversary of Bir Surya Biswa Mahabir Chilaray and 20 th Annual Convention of the Association at Dangtol Railway Institute Playground at Bongaigaon, approached the respondent No.4 by way of an application dated 20.12.2017 seeking permission to hold the programme at the said premises on 30th and 31st January, 2018. Thereafter, the respondent No.4, by letter dated 04.01.2018, informed the petitioner/association to collect the NOC from the respondent No.2 and to submit thereof the same to the respondent No.4 for taking further course of action. Accordingly, the petitioner/association approached the respondent No.2 by application dated 05.01.2018, whereafter, the respondent No.2, by order dated 09.01.2018, accorded permission/NOC to the petitioner/association for holding the programme as prayed for. Having obtained the said permission/NOC, the same was submitted to the respondent No.4.

4. Thereafter, the petitioner/association has deposited the requisite temporary land license fee, security deposit etc., amounting to Rs.32,974/- in terms of the letter dated 16.01.2018, received from the respondent No.4. Pursuant to which the respondent No.4 by letter dated 19.01.2018 granted permission to the petitioner/association for holding the programme as prayed for.

5. It is the specific case of the petitioner/association that while the petitioner/association was preparing for the programme, suddenly the respondent No.2, by impugned letter dated 29.01.2018, cancelled the permission granted to the petitioner/association. Situated thus, the present writ petition has been filed.

6. Mr. R. Sarmah, learned counsel for the petitioner, submits that due to the efflux of time, the prayer made in this writ petition as regards the cancellation of the permission granted earlier and directing the respondent authorities to permit the petitioner association to hold the said programme on the schedule date has become infructuous. However, he submits that since the respondent authorities have in a most illegal manner cancelled the permission granted to the petitioner/association, that too without giving any opportunity of hearing, the petitioner/association is liable to be compensated.

7. Per contra, Mr. B. Sarma, learned Standing Counsel, Railway, submits that the state authorities having cancelled the subject permission due to apprehension of the law and order situation, no interference whatsoever from this court under Article 226 of the Constitution of India is made out by the petitioner/association.

8. I have given my prudent consideration to the submissions advanced by the learned counsels for the contending parties and also perused the material available on record.

9. The issues that fall for determination in the instant writ petition are whether the action of the respondent No.2 in cancelling the permission granted to the petitioner/association for holding the subject programme on 30th and 31st January, 2018, at the Railway Institute Playground, by order dated 09.01.2018, after the petitioner/association had deposited the temporary land license fee and invested therein, is valid or not and whether the petitioner is entitled to be compensated for the alleged loss due to the cancellation of the subject programme.

10. It appears that as per the request made by the petitioner/association, the respondent No.2, by order dated 09.01.2018, accorded permission to the petitioner/association for holding the programme as prayed for. The order dated 09.01.2018 reads as hereunder: -

"O R D E R

Perused the report of Supdt. of Police, Bongaigaon submitted vide letter No. DSB/BNGN/PER/2018/09 dtd 8/01/2018, on the basis of the report, permission is hereby accorded to following organization/Institution for holding/performing the following programmes as mentioned below subject to maintenance public peace and tranquility. Further, they will abide by the following terms and condition strictly.

1. The Organizer will be responsible for any unlawful activity and violation of legal provision.

2. Sufficient Volunteers facilities should be arranged by the Committee.

3. There must be separate parking place for vehicle.

4 The Prohibition imposed by the Hon'ble supreme court on use of loud speaker after 10Pm must be followed in letter and sprit.

Sl Name     of    the Kinds        of Venue/           Period
No President/Secreta program/Functio Place             of
.  ry                 n                                Celebra
                                                       tion

1    Sri Basanta Ray,    'Birth           'Dangtol     From
     President Greater   Anniversary   of Railway      30/01/
     Cooch       Behar   Bir Surya Biswas Institute    2018 to
     Peoples             Mahabir          Playgrou     31/01/
     Association         Chilaray'        nd'          2018.
     Bongaigaon

The above permission may be withdrawn at any time without assigning any reason thereof, if situation demand so.

Addl. District Magistrate Bongaigaon Dated the Bongaigaon the 9th January/2018"

11. Reading the aforesaid order, it is clear that the permission for holding the programme was accorded subject to maintaining public peace and tranquility. It is further apparent that it is clearly provided therein that the subject permission is liable to be withdrawn at any time without assigning any reason thereof if situation so demands.

12. It appears that thereafter, temporary land license fee has also been deposited by the petitioner association before the concerned railway authorities. However, subsequently thereof, the respondent No.2, by the order dated 29.01.2018, cancelled the said permission. The order dated 29.01.2018, reads as hereunder:-

"O R D E R

Perused the enquiry report of P. P. Khanikar, ACS, Executive Magistrate, Bongaigaon based on the complaint petition as submitted by Golap Pathak, President and Prabhat Singha, Secretary, All Bongaigaon District Koch-Rajbongshi Students' Union, Bongaigaon & two others and also the report of O/C, Bongaigaon PS. As per reports submitted it is apprehended that there is every possibility of breach of peace and disturbance of public tranquility, if it is allowed to hold the programme of "Birth Anniversary of Bir Surya Biswa Mahabir Chilaray at Dangtol Railway Institute Playground to be held on 30th & 31 January, 2018 Therefore considering upon the situation to be arised, the permission granted to Shri Basanta Ray, President, Bongaigaon District Committee, Greater Cooch Behar Peoples Association vide this office Order No.

BMJ/1/2017/pt-I/ Dated 9th January, 2018 is hereby cancelled This order will come into force with immediate effect.


                                       Addl. District Magistrate,
                                       Bongaigaon
                                       Dated     29th    January,
                                       2018"

13. Reading the aforesaid order, it is clear that upon receipt of a complaint, an enquiry was conducted by the jurisdictional Executive Magistrate. It is further apparent that upon the enquiry report being submitted, wherein it is indicated that there is every possibility of breach of peace and disturbance of public tranquility if the programme as prayed for is allowed to be held at the railway playground, the respondent No.4, cancelled the permission granted earlier.

14. It is well settled that the district administration is the best judge for judging a law and order situation prevailing in a particular locality, based on which appropriate decision is to be taken either to grant or not to grant permission to conduct programme/meeting in a particular case at a particular time. It is not the domain of this court under Article 226 of the Constitution of India to sit in appeal against such decision taken by the district administrative authority. However, the manner in which such a decision is taken is always amenable to judicial review under the writ jurisdiction of the High Court.

15. In the present case, it appears that initially, the respondent No.2 issued the subject permission to the petitioner/association for holding the programme as prayed for at the Railway Institute Playground, subject to the maintenance of public peace and tranquility, and with the condition that the same can be cancelled at any time without assigning any reasons. It appears that subsequently, the respondent No.2, based on an enquiry report, which was initiated upon receipt of a complaint, to the effect that if the proposed programme is held, there is every possibility of breach of peace and disturbance of public tranquility, cancelled the said permission. Thus, it is apparent that the respondent No.2 has acted on the basis of materials submitted by the jurisdictional magistrate. I am of the unhesitant view that if the respondent No.2 is satisfied based on materials that holding the meeting on the scheduled date and at the allotted railway playground, it may create breach of peace and disturbance of public tranquility, continuance of such activities is not justifiable. Thus, I have no doubt that the impugned cancellation of the subject permission by the respondent No.2 is for the larger public interest. Hence, the respondent No.2 is justified in cancelling the subject permission granted earlier to hold the programme in question. Resultantly, the impugned cancellation of the subject permission stands upheld. The first issue is accordingly answered.

16. Turning now to the second issue as regards compensation to the petitioner/association towards the

alleged loss sustained by the petitioner/association due to the subsequent cancellation of the programme. I have no doubt that maintenance of public peace and public order is the sovereign function of the state and the respondent No.2 having cancelled the permission for holding the meeting upon taking note of the public safety, peace and tranquility as per report received, no fault and/or infirmity whatsoever can be attributed against such action of the district administration. Moreover, in the order granting permission issued on 09.01.2018, it is clearly stated that the same is subject to maintaining public peace and tranquility and that the respondent No.2 is entitled to cancel the permission granted at any time without assigning any reasons. That apart, no malice whatsoever has been pleaded on the part of the respondent No.2 in support of the prayer for compensation in the writ petition.

17. That being so, the petitioner is not entitled to get compensation on the ground that the subject permission granted earlier has been cancelled after the petitioner/association has deposited the temporary land license fee and made huge investments. Hence, the instant writ petition is bereft of any merit or substance whatsoever. Accordingly, the writ petition fails.

18. Before parting with the records, I shall not be justified in my conscience, if I do not pen down a word of caution for the district administrative authority to follow at the time of granting permission for holding programme/meeting at public places, though the impugned

cancellation in the present case has been upheld by this court in the facts and circumstances of the case. The district administration should obtain a proper intelligence report prior to granting permission and only after properly assessing and viewing the situation in proper perception, grant such permission. The district administration, in the event that, after granting permission, it receives a complaint or advance intimation of the same, pending enquiry be given to the person/organizer, who has been given permission so that unnecessary expenses can be avoided. Such considerations should be undertaken by the respondent authorities in respect of permission to hold programme/meeting at a public place in the future so that a decision can be arrived at either to grant permission or to cancel the permission already granted at the earliest possible time.

19. It is needless to clarify that the temporary land license fee deposited by the petitioner/association, if it is still lying with the railway authorities, shall be returned/refunded to the petitioner/association within a period of 1 (one) month from the receipt of the certified copy of this order.

20. With the above observation, the writ petition stands dismissed.

21. No order as to cost.

22. Let a copy of this order be furnished to the office of the Senior Government Advocate, State of Assam for bringing the observation made hereinabove to the notice of the office of the district administration of the state.