Khandakar Jiyaur Rahman v. The State of Assam and 4 Ors

ORDER Date : 09.09.2024

Heard Mr. S Borthakur learned counsel for the petitioner. Also heard Mr. S Banik learned counsel for the respondent No.5. Mr. Borthakur submits that the issue raised in the present writ petition was also raised in WP(C) No.3313/2023 (Abinash Nath Vs. State of Assam and others). According to Mr. Borthakur, the issue involved in this writ petition and claimed by the present petitioner has been negated in the aforesaid writ petition by a Co-ordinate bench in its judgment dated

31.05.2024 and accordingly it is the contention of Mr. Borthakur that nothing survives to be adjudicated in the present writ petition except preferring a writ appeal by the petitioner. In view of the aforesaid, the present writ petition stands closed, however, it is provided that the petitioner may approach the authority for release of his bid security pursuant to auction notice dated 02.03.2023 and in the event such application for release of security deposit is made, the same may be considered as per law and in terms of the auction notice. Page No.# 3/3 With the aforesaid terms, the writ petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010109162023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3812/2023o KHANDAKARoJIYAURoRAHMANo S/O-oLT.oKHANDAKARoMAJIBARoRAHMAN,oR/O-oKALABHANGAoWARDo NO.4,oP.O.oBARPETAoROAD,oP.S.oBARPETAoROAD,oDIST.-oBARPETA,oASSAM-o 781315 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oTHEo FORESToANDoENVIRONMENToDEPTT.,oSACHIVALAYA,oDISPUR,oASSAM,o PIN-o781006 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTSoANDoHEADoOFo FORESTSoFORCE oASSAM oPANJABARI oGUWAHATI-o781037 3:THEoCHIEFoCONSERVATORoOFoFOREST oCENTRALoASSAMoCIRCLE oOFFICEoOFoC.C.F. oBASISTHA oGUWAHATI-o781029 4:DIVISIONALoFORESToOFFICER oNORTHoKAMRUPoDIVISION oRANGIA oASSAM 5:PALASHoDAS oS/O-oLToUTTAMoDAS oR/O-oVILL-oPORABHORAL Page No.# 2/3 P.O. AND P.S. HOWLI PIN- 781316 DIST.- BARPETA ASSA Advocate for the Petitioner : MR S BORTHAKUR, MR. P. SINGHA Advocate for the Respondent : SC, FOREST, MR. S BANIK,MS F BEGUM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY