Masroor v. The State of Assam and 3 Ors

ORDER

20.03.2024 Heard Mr. B.P. Borah, learned counsel for the petitioner and Mr. R.R. Gogoi, learned counsel appearing for all the respondents.

¶2The petitioner's case is that the petitioner had made a representation dated 04.11.2022 to the Divisional Forest Officer, North Kamrup Division, Rangia, Assam for release of his vehicle bearing registration No. UP-21 BN-7208 on zimma, which had been seized in connection with Case No. R/01 of 2022-23 under Sections 9/39/44/49(B) 51 of the Wildlife Protection Act, 1972.

¶3The petitioner's counsel submits that the representation dated 04.11.2022 submitted by the petitioner to the concerned DFO is under Section 49A of the Assam Forest Regulation, 1891. He submits that this writ petition can be disposed of, if a direction is issued to the concerned DFO, i.e., the respondent No.2, to take a decision on the petitioner's representation dated 04.11.2022.

¶4Mr. R.R. Gogoi, learned counsel for the respondents submits that he has got no objection to the prayer made by the petitioner's counsel. Page No.# 3/3

¶5In view of the consent of the parties, this writ petition is disposed of with a direction to the respondent No.2, to dispose of the petitioner's representation dated 04.11.2022, by considering the same to be a petition under Section 49A of the Assam Forest Regulation, 1891. The same should be done within a period of 2(two) weeks from the date of receipt of a certified copy of this order. The decision taken should be communicated to the petitioner.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010056612024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1564/2024o MASROORo S/O-oPIYAREoKHAN,o R/O-oBELWADA,o P.S.-oBHAGATPUR,o P.O.-oMANPUR,o DIST.-oMURADABAD,o UTTARoPRADESH,o PIN-o244925. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o ENVIRONMENToANDoFORESToDEPARTMENT,o DISPUR,oJANATAoBHAWANo GUWAHATI,oASSAM. 2:THEoDIVISIONALoFORESToOFFICER oNORTHoKAMRUPoDIVISION oRANGIA oASSAM oPIN-o781354. 3:OFFICEoOFoTHEoRANGEoFORESToOFFICE oRANGEoOFFICER oNORTHoKAMRUPoRANGE oRANGIA oGUWAHATI oPIN-o781354. 4:THEoFORESToBEAToOFFICER Page No.# 2/3 SADAR BEAT OFFICE RANGIA GUWAHATI PIN- 781354 Advocate for the Petitioner : MR B P BORAH Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA