ORDER :

Ujjal Bhuyan, J.

1. Heard Mr. H. Das, learned counsel for the petitioner and Mr. R.K.D. Choudhury learned Senior Government Advocate, Assam.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks imposition of exemplary damages upon respondent Nos. 4 to 12 for having called and organized illegal and unconstitutional bandhs for a total of 51 days from 28.08.2012 to 31.08.2013 in the districts of Goalpara, Bongaigaon and Kamrup; or, alternatively, for a direction to the State of Assam for payment of such compensation. Further prayer made is for a direction to the State of Assam to set up a Bandh Loss Compensation Fund from which fund compensation can be paid to persons who suffer loss and injury to their person or property including the petitioner due to such illegal and unconstitutional bandhs. In addition, certain incidental reliefs have also been claimed.

3. Petitioner is the Lower Assam Inter-District Stage Carriage Bus Owners' Association, Goalpara, represented by its Secretary. Petitioner is a society registered under the Societies' Registration Act, 1860, vide certificate of registration dated 29.06.1991, having its registered office at Pancharatna Road, Goalpara.

4. It is stated that there are 51 members of the petitioner, who are bus owners having permits for plying their buses on all the routes including on national highways. The members have 26 numbers of big buses and 25 numbers of canters which they had purchased by obtaining loans from different banks and financial institutions. Only source of income of the members is earning from purchase of bus tickets by the passengers. From such earning, the members have not only to repay the loan amounts but have also to pay salary to the employees of the buses, i.e., driver, handiman etc., besides earning for the members themselves.

5. Therefore, plying of the buses is most essential for the livelihood of the members as well as for the dependant staff.

6. Respondent Nos. 4 to 12 had called bandhs on various dates during the period from 28.08.2012 to 31.08.2013, totaling 51 days during which days the members could not ply their buses. As per calculation of the petitioner, the loss was about Rs. 2,000 for each canter and Rs. 2,500 against each big bus per day of bandh. Thus, as per the calculation of the petitioner the collective loss was about Rs. 56,16,365.00.

7. Contention of the petitioner is that calling of such bandh is illegal and unconstitutional in view of law laid down by the Supreme Court which is binding on all authorities. State and its machinery had failed to prevent such illegal and unconstitutional bandhs. Therefore, State is bound to compensate the petitioner; besides, State has to prosecute the office bearers of the organizations which had called for such illegal and unconstitutional bandhs. It is with such grievance that the present writ petition has been filed seeking the reliefs as indicated above.

8. The case was admitted for hearing on 03.01.2014.

9. Though this case is pending for more than 5 years now no affidavit has been filed by any of the respondents, including the State. Thus, the averments made in the writ petition have remained uncontroverted.

10. During the course of the hearing, petitioner was given liberty to file additional affidavit to place on record how the assessment was made while calculating the loss because of bandhs, whereafter petitioner filed additional affidavit on 10.01.2019, giving breakup of the loss sustained per bus per day.

11. Detailed submissions were made by learned counsel for the petitioner as well as by learned Senior Government Advocate, Assam which have been duly considered.

12. In the course of the deliberations, considering the importance of the subject matter, Court had an interaction with Mr. S. Dutta, learned Senior Counsel, who represents Oriental Insurance Company, New India Assurance Company and United India Insurance Company as well as Mr. R. Goswami, learned counsel who repres