Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 6 Ors on 16 July, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010097222021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3198/2021
MARUTI TIMBER AND FURNITURES
A PROPRIETORSHIP CONCERN, REP. BY ITS POWER OF ATTORNEY
HOLDER SRI PARTHA PRATIM GOGOI, S/O. SRI JATIN GOGOI, OFFICE
SITUATED AT- HANCHARA CHARIALI, P.S. TEOK, DIST. JORHAT, ASSAM-
785683.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMM. AND SECY., DEPTT. OF ENVIRONMENT AND ROREST,
GOVT. OF ASSAM, DISPUR, GUWAHATI-781006, ASSAM.
2:THE DIVISIONAL FOREST OFFICER
DEPTT. OF ENVIRONMENT AND FOREST
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
ASSAM.
3:THE DIRECTOR AND PRINCIPAL CHIEF CONSERVATOR OF FOREST
HEAD AND FOREST FORCE
KAZIRANGA NATIONAL PARK AND TIGER RESERVE
P.O. BOKAKHAT
DIST. GOLAGHAT
ASSAM
PIN-785612.
4:THE FOREST RANGER
WESTERN RANGE
Page No.# 2/4
BAGORI
KAZIRANGA NATIONAL PART AND TIGER RESERVE
DEPTT. OF ENVIRONMENT AND FOREST
NAGAON
ASSAM
PIN-782136.
5:THE INVESTIGATION OFFICER CUM FORESTER-I
WESTERN RANGE
BAGORI
KAZIRANGA NATIONAL PART AND TIGER RESERVE
DEPTT. OF ENVIRONMENT AND FOREST
NAGAON
ASSAM
PIN-782136.
6:DILIP KUMAR SINGHANIA
D/O. LT. KEDARNATH
TULIP TOWER
FLAT NO.505
STADIUM ROAD
BAREILLY
P.O. BAREILLY
UTTAR PRADESH
PIN-243001.
7:FOREST RANGE OFFICER
GOVT. OF NAGALAND
RANGE
LONGLENG DIVISION
NAGALAND-798625
Advocate for the Petitioner : MR D K DAS
Advocate for the Respondent : SC, FOREST
Linked Case : WP(C)/3228/2021
DILIP KUMAR SINGHANIA
S/O LT. KEDARNATH SINGHANIA
Page No.# 3/4
R/O TULIP TOWER FLAT NO. 505 STADIUM ROAD
BAREILLY
P.O. BAREILLY
UTTAR PRADESH-243001
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY
DEPTT. OF ENVIRONMENT AND FOREST GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
2:THE DIVISIONAL FOREST OFFICER
KAZIRANGA NATIONAL PARK AND TIGER RESERVE
NAGAON
ASSAM
PIN-782136
3:THE DIRECTOR AND PRINCIPAL CHIEF CONSERVATOR OF FOREST HEAD
AND FOREST FORCE
KAZIRANGA NATIONAL PARK AND TIGER RESERVE
P.O. BOKAKHAT DIST. GOLAGHAT
ASSAM
PIN-785612
4:THE FOREST RANGER
WESTERN RANGE
BAGORI KAZIRANGA NATIONAL PARK AND TIGER RESERVE
DEPTT. OF ENVIRONMENT AND FOREST NAGAON
ASSAM
PIN-782136
5:THE INVESTIGATION OFFICER CUM FORESTER I
WESTERN RANGE
BAGORI KAZIRANGA NATIONAL PARK AND TIGER RESERVE
DEPTT. OF ENVIRONMENT AND FOREST NAGAON
ASSAM
PIN-782136
6:FOREST RANGE OFFICER
DEPTT. OF FOREST GOVT OF NAGALAND
SITAP RANGE
LONGLENG DIVISION NAGALAND-798625
------------
Advocate for : MR. T DOLEY
Advocate for : SC
FOREST appearing for THE STATE OF ASSAM AND 5 ORS
Page No.# 4/4
BEFORE
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
16.07.2021 Heard Mr. R. K. Agarwala, the learned counsel for the petitioner in WP(C)/3228/2021 and Mr. H. Betela, the learned counsel for the petitioner in WP(C)/3198/2021.
It is submitted by both the learned counsel that though there were representations filed before the Investigation Officer cum Forester-I i.e. respondent No. 5 in WP(C)/3228/2021 but the same were not considered. Mr. Agarwala on the other hand submits that the grounds for seizure of vehicle and the materials are not yet made known to the petitioners in both the writ petitions and under such circumstances, they are handicapped in moving the appellate forum as prescribed in the statute.
In view of the same, the petitioners in both the writ petitions are directed to file representation seeking for the ground of the seizure of the vehicle/materials to the respondent No. 5 after which the said representation shall be disposed of by passing a speaking order within a period of seven days from the date of receipt of the representation along with the copy of this order. In the meantime, both the writ petitions shall be kept pending fixing 30.07.2021 for motion.
JUDGE Comparing Assistant