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Gauhati High Court

Badri Rai And Company vs Assam Project On Forest Biodiveristy ... on 8 September, 2023

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                 Page No.# 1/2

GAHC010099622023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : Arb.P./17/2023

            BADRI RAI AND COMPANY
            STATION ROAD,
            P.O.- DULIAJAN- 786602,
            DISTRICT- DIBRUGARH,
            ASSAM (LEAD)
            REPRESENTED BY PRABHAKAR PRASAD SRIVASTAVA, AGE- 59 YEARS.



            VERSUS

            ASSAM PROJECT ON FOREST BIODIVERISTY CONVERSATION SOCIETY
            (APFBCS) AND ANR.
            PROJECT MANAGEMENT UNIT, 3RD FLOOR, ARANYA BHAWAN
            PANJABARI, GUWAHATI-781037,
            ASSAM, REPRESENTED BY ITS DIRECTOR.

            2:DIVISIONAL FOREST OFFICER
             NAGAON DIVISION
             NAGAON

            OFFICE OF THE DIVISIONAL FOREST OFFICER

            DEPARTMENT OF ENVIRONMENT AND FORESTS

            ASSAM- 782001

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : MR. D GOGOI
                                                                                      Page No.# 2/2

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

08.09.2023 Heard Mr. U.K. Nair, learned senior counsel assisted by Mr. P. Bhutan, learned counsel for the petitioner and Mr. B. Choudhury, learned counsel representing both the respondents.

Mr. Choudhury, learned counsel representing both the respondents has submitted that an affidavit-in-opposition on behalf of the respondent no. 1 has been filed wherein two preliminary issues regarding maintainability of the petition have been raised. He has submitted that the respondents would like to reserve their right to file a comprehensive affidavit at a later date.

Mr. Nair, learned senior counsel appearing for the petitioner has submitted that an affidavit-in-reply to the said affidavit-in-opposition filed by the respondent no. 1, has already been filed today.

As in the affidavit-in-opposition, the respondent no. 1 has raised preliminary issues regarding maintainability of the petition, the respondents may file their comprehensive affidavit[s] within 2 [two] weeks time from today.

List the case on 29.09.2023.

In the event the respondents file their comprehensive affidavit[s] within 2 [two] weeks, the petitioner may file its response on or before the next date of listing, if so advised.

JUDGE Comparing Assistant