Gauhati High Court
Dilip Kumar Singhania vs The State Of Assam And 5 Ors on 30 July, 2021
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010100472021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3228/2021
DILIP KUMAR SINGHANIA
S/O LT. KEDARNATH SINGHANIA, 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
Page No.# 2/4
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-79862
Advocate for the Petitioner : MR. T DOLEY
Advocate for the Respondent : SC, FOREST
Linked Case : 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.
Page No.# 3/4
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 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 : MR D K DAS
Advocate for : SC
FOREST appearing for THE STATE OF ASSAM AND 6 ORS.
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BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 30.7.2021 Heard Mr. D. K. Das , learned counsel for the petitioner in WP(C) No.3198/2021 and Mr. R. K. Agarwal, learned counsel for the petitioner in WP(C) No. 3228/2021. Also heard Mr. P. N. Goswami, learned Addl. Advocate General assisted by Mr. K. P. Pathak, learned Standing Counsel Forest Department.
Vide order dated 16.7.2021 the petitioner in both the writ petitions were directed to file representations seeking for the ground of the seizure of the vehicle/ materials and the same was directed to be disposed of by speaking order within a period of seven days from the receipt of the representation. It is submitted by both the learned counsel that the representation was submitted on 20.7.2021 and it is contended by both the learned counsel for the petitioner that the said representations are yet to be disposed of. Assam Forest Regulation, 1891 stipulates specific steps to be taken by the respondent authority as stipulated u/s 49 and 49 A, as such I am of the considered opinion that disposal of the representations and the reasons stated therein the order are utmost importance from the point of view of the petitioner to move the statutory forum for appeal.
In view of the same, Mr. Pathak shall take necessary instruction in respect of the representations of both the petitioners .Though Mr. Goswami argued before this court at length referring various decisions of the Hon'ble Apex Court however, the same shall be considered at a later stage of these writ petitions.
Accordingly let these matters be listed on 5.8.2021 for motion.
JUDGE Comparing Assistant