JUDGMENT :

R.M. CHHAYA, J.

1. Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Ms. P. Barua, learned counsel for the State respondents; Mr. D. Upamanyu, learned standing counsel, Health and Mr. B. Choudhury, learned standing counsel, PWD appearing for the respondents.

2. The petitioner has prayed for the following relief:

“(i) A writ in the nature of Mandamus and/or any order appropriate writ, declaration or orders of the like nature shall not be issued commanding the Respondents not to obstruct the only linked way at the southern side of the bank of the Na-Pukhuri for cultivation of about 200 (two hundred) Bighas of patta land of the pattadars, their men, agents, and to keep at least a minimum standard of linked way to that cultivated field measuring 14 feet wide and 290 feet length through the southern bank of the Na-Pukhuri and also not to obstruct public of the locality to enter into the Na-Pukhuri for use of public as before.

(ii) To preserve the Na-Pukhuri and cause beautification by Govt. of Assam, so that the very object of its digging the Na-Pukhuri in the year 1925 for public good may not be defeated