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2016 DIGILAW 527 (GAU)

Sudipa Goswami Konwar v. State of Assam and others

2016-06-08

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh, CJ.:-- The petitioner Srimati Sudipa Goswami Konwar has filed the present petition alleging large scale evasion as well as misappropriation of cess leviable under the Assam Agricultural Produce Market Act, 1972 during past several years by traders in collusion with officials of Assam State Agricultural Marketing Board. The petition is mainly based on some reports published in the newspapers. In the petition, the petitioner has prayed for investigation by the Central Bureau of Investigation. 2. Pursuant to the order of this Court, an enquiry was held by the Chief Minister's Special Vigilance Cell on the allegations made, but as per report filed nothing adverse was found. Not only this, affidavit-in-opposition filed on behalf of respondent No.3, Assam State Agricultural Marketing Board; respondent No.4, Chairman, Assam State Agricultural Marketing Board and respondent No.5, Chief Executive Officer, Assam State Agricultural Marketing Board reveals that petitioner's husband himself is Marketing Inspector and had been transferred to another district with which he was aggrieved. According to respondent Nos.3, 4 and 5, the petitioner has filed the present petition in the garb of Public Interest Litigation with an ulterior motive to put pressure on the Assam State Agricultural Marketing Board. 3. The fact that petitioner's husband is Marketing Inspector in the Assam State Agricultural Marketing Board and he had been transferred to another district has not been disputed by the petitioner. 4. We are, therefore, convinced that the petitioner has filed the present petition for extraneous consideration and it is not a genuine Public Interest Litigation. We strongly deprecate this conduct of petitioner and dismiss the petition with cost of Rs. 10,000/- which shall be recovered from her by the State Government as arrears of land revenue. -