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HIGH COURT OF GAUHATI
LANUSUNGKUM JAMIR, KAUSHIK GOSWAMI
Bodo Writer Academy – Appellant
Versus
Union Of India – Respondent
JUDGMENT & ORDER :
Kaushik Goswami, J.
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. M. Goswami, learned Counsel for the petitioners. Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. S.R Rabha, learned Standing Counsel appearing for the Bodoland Territorial Council (BTC) and Ms. P. Baruah, learned Government Advocate for the State of Assam, Mr. R.K.D Choudhury, learned Additional Solicitor General of India appearing for the Union of India, Mr. T. Deuri, learned Counsel appearing for the Intervenor and Mr. R. Dhar, learned Standing Counsel, WPT & BC appearing for respondent No. 4.
2] By filing the instant Public Interest Litigation (hereinafter referred to as “PIL”) under Article 226 of the Constitution of India, the petitioners are praying inter alia that clause 3.1(ii), clause 3.1 (iii), clause 3.2, clause 3.3, clause 3.4, clause 4.4, clause 7.2 and clause 8.1 of the Tri-Partite Memorandum of rd Settlement (3 Bodo Accord) (hereinafter referred to as “MoS”) signed on 27.01.2020 between the Union Government of India, State Government of Assam and the leaders of ABSU, UBPO and NDFB (four factions) be declared as ultravires the Constitution of
The legality of the clauses of the 3rd Bodo Accord was upheld, confirming their non-violation of constitutional rights and the legitimacy of consequential notifications regarding Bodo governance.
Public Interest Litigations must be filed bona fide and not for personal gain; courts must ensure genuine public interest is involved.
The court upheld the validity of the Notification dated 20.07.2021, confirming that the State Government complied with the necessary provisions of Regulation 160 of the Assam Land & Revenue Regulatio....
Provisions of the Act No.30 of 2013 cannot be clubbed with the APMRUDA Act, 2016 and the Rules, 2016.
The High Court held that litigants must approach Administrative Tribunals first for recruitment-related matters, as exclusive jurisdiction was conferred under the Administrative Tribunals Act, even f....
The presumption of constitutionality and the necessity of challenging legislation in a properly constituted writ petition.
A challenge to a long-standing notification under the Muslim Wakfs Act after an undue delay is impermissible, reinforcing the finality of administrative actions.
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
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