Kailash Jalan v. The State of Assam and 4 Ors

O R D E R

08.04.2024.

Heard Mr. B. Baruah, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department, Assam for the respondents. 2) By filing the present Writ Petition, the writ petitioner is challenging the re-sale notice dated 01.10.2021, in respect of the Dilli River Stone Mining Permit Area C (II-A), issued by the Divisional Forest officer, Sivasagar Division for awarding of contract/permit. 3) It is brought to the notice of the Court by the parties that the petitioner has filed a representation on 01.02.2021, before the Principal Secretary, Government of Assam, Environment & Forest Department, Dispur, Guwahati, for Page No.# 3/3 the said Mahal. 4) Mr. D. Gogoi, learned Standing Counsel, Forest Department, Assam submits that the settlement in favour of the petitioner in respect of the subject mining area was for the year 2013-2015 and as such the term has expired and therefore, the petitioner has no right whatsoever for further operation of the said Mahal. He however fairly and graciously submits that the representation filed by the petitioner is under consideration and despite notice for appearance being given to the petitioner, the petitioner has not appeared in the hearing. 5) Mr. B. Baruah, learned counsel for the petitioner submits that the petitioner is willing to appear before the respondent authorities and present his case. 6) In view of the aforesaid endorsement made by the learned counsel for the parties, this Court is of the view that for the interest of justice, this Writ Petition can be disposed of with a direction to the respondent authorities, more particularly, the respondent No.1, the Principal Secretary, Government of Assam, Environment & Forest Department, Dispur, Guwahati to dispose of the representation of the petitioner dated 01.02.2021 (Annexure-9 to the Writ petition), by affording opportunity to the petitioner within a period of two (2) months, from the date of receipt of the certified copy of this order. 7) With the aforesaid observation, this Writ Petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010176322021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/6214/2021 KAILASHoJALAN S/O.oLT.oJ.L.oJALAN oR/O.oCHLIHANAGAR oTINSUKIA oP.O.oTINSUKIA oDIST.oTINSUKIA oPIN-786125. oVERSUS THEoSTATEoOFoASSAMoANDo4oORS. REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oENVIRONMENToANDoFORESToDEPTT. oDISPUR oGUWAHATI oASSAM oPIN-781006. 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESToANDoHOFF PANZABARI oGUWAHATI oPIN-781037 oASSAM. o3:THEoCHIEFoCONSERVATORoOFoFOREST EASTERNoASSAMoCIRCLE oJORHAT oDIST.oJORHAT oPIN-785001 oASSAM. o4:THEoDIVISIONALoFORESToOFFICER Page No.# 2/3 SIVASAGAR DIVISION (T) SIVASAGAR DIST. SIVASAGAR PIN-785640 ASSAM. 5:DEPUTY COMMISSIONER CHARAIDO DIST. CHARAIDO PIN-782445 ASSAM. ------------ Advocate for : MR C BARUAH Advocate for : SC FOREST appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI