V.K. Khanna, C.J.— This public interest litigation has been filed by the Garh Ali Byabasayi Santha, Jorhat, an Association of traders and shopkeepers of Garh Ali, Jorhat Town, praying fora writ of Mandamus directing the respondent Nos. 1 and 2 to pay adequate compensation to the aggrieved shopkeepers of Jorhat Town who had been compelled to sustain loss because of arbitrary action of the respondents in opening the shops by breaking open the locks and by damaging the shutters, dear etc. It has also been prayed for issuance of a writ in the nature of Prohibition directing the respondents to refrain from adopting illegal means in future. 2. We have heard Mr. DC Mahanta, learned counsel appearing for the petitioner Association, and Mr. BC Das learned Additional Senior Govt. Advocate appearing for the State respondents. 3. This case was heard on 7.11.94 when Mr. Mahanta, counsel appearing for the petitioner Association had made a statement that the petitioner Association gives up their claim for claiming compensation against the respondents and thus the only issue which remains for adjudication in this case is the right of the respondents to forcibly get the shops open. 4. After hearing the learned counsel for the parties, we are of the opinion that the right to open or not to open the shop is in volition of the person owning the shop. Mr. Das, learned Additional Senior Govt. Advocate, Assam, has not been able to show as to how the police authority can force the owner of a shop to open his shop. On the facts and in the circumstances of the case, the police can only provide protection so that in the circumstances which had happened, the shop keepers may feel protection and security and may not thus resort to close their shops. However, if any owner of a shop does not want to open his shop. It will be his right to take that decision and the respondents under no authority of law can force the shop keeper to open the shop. 5. Subject to aforesaid observation,the present Civil Rule is finlly disposed of. However, looking to the entire facts and circumstances of the case, the parties shall bear their own costs.