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2008 Supreme(Gau) 646

I.A.ANSARI
Shyamanta Thakur – Appellant
Versus
State of Assam – Respondent


JUDGMENT

I.A. Ansari, J.

1. The case of the petitioners may, in brief, be set out as follows:

(i) All the 31 writ petitioners, in this writ petition, are residents of Digambar Chuk, Jorhat Town, in the district of Jorhat. It is their claim that their residences are situated on either side of a nine feet wide lane, which links the lane to the main road; the lane is so narrow that the premises, standing on either side of the lane, can be used for no purposes other that residential purpose. The area, where the petitioners reside, is a wholly residential area and, hence, it is, otherwise also, not convenient to use the premises, which stand on either side of the lane, for any purpose other than residential purpose. The lane, in question, being too narrow, two vehicles coming from opposite directions can pass with great difficulty. Hence, any attempt by anyone to use the said lane for any commercial or public activity would lead to chaotic situation.

(ii) The respondent-Hindi High School has been operating from rented premises, located at the main road, Digambar Chuk. The usual rush of vehicles, dropping and picking up children from the school, did not have any adverse impact on the conveni






























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