Abdul Adud Choudhury v. The Member Secretary and 5 Ors

ORDER

15.03.2024 (Vijay

Bishnoi, CJ) This PIL is filed by the petitioner with a prayer to issue a writ of mandamus directing the respondents to stop further cutting of land of semi hills/semi tillas in the village Maizgram of Karimganj district. Having perused the contents of the petition, we are of the view that the petition is filed without proper research and only vague allegations have been levelled without substantiating the same with proper documentary or other evidence. The learned counsel for the Forest Department has submitted that earlier the petitioner has preferred WP(C) No.6712/2023 before the Single Bench of this Court seeking same reliefs. However, the said writ petition was dismissed as withdrawn vide order dated 12.12.2023 without seeking any liberty to file fresh petition. It is also submitted that the fact of filing of earlier petitioner has not been mentioned by the petitioner in this writ petition. Taking into consideration the above facts, particularly the fact that Page No.# 3/3 vague allegations have been levelled by the petitioner in this writ petition without substantiating them with evidence and proof and the earlier writ petition filed by the petitioner before the learned Single Judge was withdrawn without seeking any liberty, we are of the view that this writ petition is not maintainable. It is very serious that the petitioner has suppressed the fact of filing earlier writ petition and therefore, we deem it appropriate to dismiss this writ petition with a cost of Rs.5000/- (Rupees Five Thousand) to be deposited in the Gauhati High Court Legal Services Committee within a period of one month.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010042602024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/16/2024o ABDULoADUDoCHOUDHURYo SONoOFoLATEoNAJIBoALIoCHOUDHURY,oRESIDENToOFoVILLAGE-o MAIZGRAM,oPSoANDoDIST-oKARIMGANJ,oASSAM,oPIN-o788712 VERSUSo THEoMEMBERoSECRETARYoANDo5oORSo STATEoENVIRONMENToIMPACToASSESSMENToAUTHORITY,o BAMUNIMAIDAN,oGUWAHATI-21 2:THEoDIRECTOR oDIRECTORATEoOFoGEOLOGYoANDoMINING oKAHILIPARA oGUWAHATI-19 3:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTo(PCCF)oANDoHEADoOFo THEoFORESToFORCEo(HOFF) oPANJABARI oGUWAHATI-o37 4:THEoDISTRICToCOMMISSIONERoOFoKARIMGANJoDISTRICT oPO oPSoANDoDIST-oKARIMGANJ oASSAM oPIN-o788710 5:THEoDIVISIONALoFORESToOFFICER oKARIMGANJoFORESToDIVISION oPSoANDoDIST-oKARIMGANJ oASSAM oPIN-o788710 Page No.# 2/3 6:THE RANGE OFFICER (SADAR) FOREST RANGE OFFICE PS AND DIST- KARIMGANJ ASSAM PIN- 78871 Advocate for the Petitioner : MR H R CHOUDHURY Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM