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1983 Supreme(Gau) 93

K.LAHIRI, S.M.ALI
Kamala Kanta Deka – Appellant
Versus
State of Assam & Ors. – Respondent


Advocates Appeared:
B.P.Borah, P.K.Goswami, P.Roy

Lahiri, J.:-

The expressions "Rule of law" connote the undis­puted supremacy of law, envisages a state of thing in which everyone respects the law and where law has to be followed by everyone collectively and individually. This supremacy of law over all is designed to give security to the rights of the indi­viduals or the citizens of a democratic State. One of the facets of the 'Rule of law' is the subjection of the Govt. and the executive Officers of the State to the law.

2. Indeed, the petitioner is a poor person, who started a tea stall in the verandah of the office of the Superintendent of Police, Kamrup, to cater the needs of the Policemen, members of the Public and others. This he did openly, in broad day light and with permission from the authorities. Who dares to be in the police office, trespass upon a verandah and open a canteen where police force was standing by All enjoyed the services rendered by the petitioner so much so that in 1974 the than Superintendent of Police permitted the petitioner to use the verandah not as a permissive occupier but as "a tenant" on payment of rent of Rs. 30/- per month, which the petitioner paid and the receipts are before m. When improvemen























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