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Gauhati High Court

N.S. Timber Depot vs The State Of Assam And 4 Ors on 18 November, 2020

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

                                                                  Page No.# 1/3

GAHC010130592018




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

                          Case No. : WP(C)/3958/2018

         N.S. TIMBER DEPOT
         A PROPRIETORSHIP FIRM
         HAVING ITS PLACE OF BUSINESS SITUATED AT 12TH MILE, UMPHER, P.S.
         BYRNIHAT
         DIST. RIBHOI, MEGHALAYA- 793101,
         REP. BY ITS PROPRIETOR
         SMT. NONDITA D SANGMA, AGED ABOUT 38 YEARS.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
          DEPARTMENT OF ENVIRONMENT AND FOREST, DISPUR, GUWAHATI-
         781006, ASSAM.

         2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM

          ENVIRONMENT AND FOREST
          DISPUR
          GUWAHATI- 781006
          ASSAM

         3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL)
         AND HEAD OF FOREST FORCE
         ASSAM

         PUNJABARI
         GUWAHATI - 781036
         ASSAM

         4:THE DIVISIONAL FOREST OFFICER
                                                                                  Page No.# 2/3

             JORABAT CHECK GATE
             JARABAT
             KAMRUP EAST DIVISION

            BASISTHA
            GUWAHATI -29
            ASSAM

            5:THE FOREST BEAT OFFICER

             JARABAT BEAT

             KAMRUP EAST DIVISION
             BASISTHA
             GUWAHATI -29
             ASSA

Advocate for the Petitioner   : MR A TEWARI

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : 18.11.2020 Heard Mr. A. Tiwari, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned standing counsel for the Forest Department.

The learned counsel for the petitioner submits that the petitioner is aggrieved by levy of royalty on Timber, Non-Timber Forest Produce and Minor Minerals entering Assam through Inter-State boundaries. He submits that the issue raised in the present writ petition is squarely covered by the judgment and order dated 27.09.2019 passed by the Coordinate Bench of this Court in WP(C) 3140/2017 (Riangdo Veneers Pvt. Ltd. vs The State Of Assam and Ors.) and other connected writ petitions heard analogously.

On the prayer made by Mr. D. Gogoi, learned standing counsel for the Forest Department, matter stands adjourned today.

List after 2 (two) weeks on a date to be fixed by the Office.

Page No.# 3/3 Registry may reflect the name of standing counsel, Forest Department while listing the matter next.

JUDGE Comparing Assistant