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2019 Supreme(Gau) 599

UJJAL BHUYAN
Lower Assam Inter District Stage Carriage Bus Owner's Association – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant : H. Das, Adv.
For the Respondents: R.K.D. Choudhury, Sr. GA

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

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