Sarbat Ali @ Sharbat Ali v. The State of Assam and 3 Ors

ORDER

19.07.2024 Heard Ms. SZ Hayat, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest. The learned Standing Counsel, Forest has appeared and submitted before the Court that the appeal which was filed before the Conservator of Forest/ respondent No. 3 has been misplaced as the then Conservator of Forest before whom the appeal was filed had since superannuated. He however fairly submits on instructions that if the petitioner appears before the Conservator, the Conservator will hear the grievance raised by the petitioner regarding release of his vehicle and will thereafter pass necessary orders. The learned counsel for the petitioner does not object to the submissions made by Mr. D. Gogoi. She submits that the writ petition may be disposed of with a direction to the Conservator of Forest/respondent No. 3 to dispose of the appeal petition which is enclosed at Annexure-9, Page-34 of the writ petition. Accordingly, upon hearing the counsel for the parties and taking into consideration the submissions made, the writ petition stands closed with a direction to the Conservator of Forest, Central Assam Circle, Basista, Guwahati-29/respondent No. 3 herein to expeditiously consider the appeal petition filed by the petitioner which is enclosed as Annexure-9, Page34 of the writ petition and thereafter pass appropriate speaking order. The petitioner will be given an opportunity of being heard and any order that is Page No.# 3/3 passed, a copy thereof shall be served on the writ petitioner. The writ petitioner will appear before the Conservator of Forest on 26.07.2024 along with a certified copy of this order and file a fresh copy of the appeal which is enclosed as Annexure -9 of the writ petition. The Conservator of Forest will thereafter hear the petitioner and pass appropriate speaking order. The entire process be completed within a period of 30 days from 26.07.2024. The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010056582024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1696/2024o SARBAToALIo@oSHARBAToALIo S/O-oLATEoMAJAMoALI,oR/O-oVILLAGEoGOPALPUR,o P.O-oPAHUMARA,oDIST-oBARPETA,oASSAM,oPIN-781309 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oDEPARTMENToOFoFOREST,o oDISPUR,oGUWAHATI-o781006. 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTS oGOVT.oOFoASSAM o O/OPCCFoANDoHOFF oASSAM oARANYAoBHAWANo oPANJABARI oGUWAHATI-37 oKAMRUP(M) 3:THEoCONSERVATORoOFoFORESTS oCENTRALoASSAMoCIRCLE oBASISTHA oGUWAHATI-29 4:AUTHORISEDoOFFICER oCUMoDIVISIONALoFORESToOFFICER oNORTHoDIVISION oRANGIA-78135o AdvocateoforotheoPetitionerooooo:oMR.oMoRoSODIALo Page No.# 2/3 Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA