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2019 DIGILAW 1253 (GAU)

Rajkumar Baishya v. Union of India

2019-11-20

ACHINTYA MALLA BUJOR BARUA, AJAI LAMBA

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JUDGMENT : Ajai Lamba, J. The petition has been filed in purported public interest with accusation of illegalities and irregularities in the administration, medical care and treatment of animals in Assam State Zoo and Botanical Garden. Wild and very serious allegations have been made in the petition. On a particular question of the Court, learned counsel has referred to Annexure-I dated 12.02.2019 to indicate that inadequate medical facilities are provided. Document Annexure-I contains answers to questions raised under Right to Information Act. Interestingly, the questions have not been placed before us to read and understand the answers in proper context. 2. Be that as it may, Shri Mazumdar, learned Senior Standing Counsel appearing for the Forest Department has pointed out that this petition has been actuated on account of malafide reasons in so much as Smti Pranami Hazarika was given a contract for running a battery operated vehicle in the zoo on payment of a licence fee of Rs.1,00,200/- per month with effect from March, 2017 for a period of two years, to be paid to the authorities. A sum of more than Rs.9 lakhs became due in regard to which a notice for recovery was issued on 20th December, 2017. The authorities had to initiate criminal proceedings against Shri Rajkumar Baishya and Shri Deepak Pathak. Shri Rajkumar Baishya is one of the petitioners in this public interest litigation. Ms. Pranami Hazarika is sister-in-law of Shri Rajkumar Baishya. It has been pointed out by Shri Mazumdar, learned senior advocate that because the above named persons were proceeded against by the authorities, for malafide reasons certain malicious news reports were planted and published at the instance of the petitioners/ their family members; and the petition under consideration was filed. 3. Faced with such facts, learned counsel for the petitioners contends that let this public interest litigation be dismissed. 4. We hereby dismiss this public interest litigation, without imposing cost because at the inceptual stage itself request for withdrawal of the petition has been made. We, however, put the petitioners and such like persons to notice that in case, in future such petitions are filed for malafide reasons, exemplary cost would be imposed.