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 with the passes of time as the Nalbari Medical College and Hospital has its own 132 (one hundred thirty two) Bighas of acquired land for its construction and land of the Na-Pukhuri shall not be used otherwise for it was meant for.”

3. It is the case of the petitioner that as per the article published in daily newspaper Asomiya Pratidin, Luit Jyoti and Asomiya Khabor, the respondent authorities decided to construct a pucca structure-boundary wall surrounding the Na-Pukhuri pond without there being any entry for the public and the cultivators who cultivate the nearby land. It is the case of the petitioner that as Nalbari Medical College and Hospital has been developed, the access to Napukhuri would be affected and no access shall be available to the general public and to the pattadars and it is also the case of the petitioner that such action is not only arbitrary but also violative of Article 14 of the Constitution of India. The petitioner has also heavily relied upon the representation dated 07.08.2017 addressed to Hon’ble Minister of Health, Govt. of Assam, Dispur as well as the communication dated 26.06.2020 addressed to the Deputy Commissioner, Nalbari, Assam. It is the further case of the petitioner that as provided under Article 51 A(1) of the Constitution of India, it is fundamental duty of every citizen of that locality to safeguard the Na-Pukhuri, which is a public property and no violence to destroy that public property can be permitted. It is also the case of the petitioner that as mentioned in Schedule-A of the paper book, on construction of Nalbari Medical College and Hospital at Ghagrapar, 132 bighas of land has been utilised which also includes public Na-Pukhuri and the same is violative of Article 21 of the Constitution of India. It is also the case of the petitioner that the respondents should keep 14 feet wide and 290 feet length approach way to the cultivated land of the nearby cultivators at the southern side of the Na-Pukhuri. It is also contended by the petitioner that as the only way available to the cultivators to approach their cultivated land through the southern bank of Na-Pukhuri was locked on 15.11.2021, the present petition has been filed. The petitioner has also relied upon the representations as well as certain photographs.

4. In response to the notice issued by this Court, the respondent No. 2 has filed an affidavit-in-opposition and has contended that the construction of Nalbari Medical College and Hospital is undertaken for greater interest of the local people of entire Nalbari district and for welfare of the people of Assam. It is also contended by the respondent No. 2 that construction of a pucca boundary wall is of utmost concern from protection and security point of view in the campus. It is specifically averred t