Gauhati High Court
Abdul Hasmat vs The State Of Assam And 5 Ors on 21 March, 2022
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/3
GAHC010052572022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1955/2022
ABDUL HASMAT
S/O MD. ABDUL WAHID, R/O MARWARIPATTY, W/NO. 1, GOLAGHAT TOWN,
P.O. AND P.S.-GOLAGHAT, DIST-GOLAGHAT, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6
2:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (T)
UPPER ASSAM ZONE
PANJABARI
GUWAHATI-37
3:THE SPECIAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (T)
UZA
KACHARIGHAT
GUWAHATI-1
4:THE CONSERVATOR OF FORESTS
EASTERN ASSAM CIRCLE
JORHAT
5:THE DIVISIONAL FOREST OFFICER
GOLAGHAT DIVISION (T)
GOLAGHAT
6:THE RANGE FOREST OFFICER
GOLAGHAT RANGE
GOLAGHA
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Advocate for the Petitioner : MR F U BARBHUIYA
Advocate for the Respondent : SC, FOREST
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 21-03-2022 Heard Mr. FU Barbhuiya, learned counsel for the petitioner and Mr. D Gogoi, learned Standing counsel appearing on behalf of the Forest Department.
The grievance of the petitioner in the instant case is that the petitioner had deposited the kist money for extraction of 2187.5 m3 of sand but on account of non issuance of the transit challan by the authorities concerned, the petitioner could not extract the said sand and now it is virtually not possible to extract the said quantity in view of the fact that the mining lease is ending on 27.05.2022.
The learned counsel for the petitioner submits that the petitioner may be granted a liberty to file a representation before the concerned respondent authority more particularly to the Principal Chief Conservator of Forest (PCCF) and Head of Forest so that the petitioner may seek refund of the amount in respect of which the petitioner could not extract the sand.
Taking into consideration the said submission of the learned counsel for the petitioner, this Court is of the opinion that the interest of justice would be met if a direction is given to the Principal Chief Conservator of Forest, Assam (PCCF) for taking into consideration the representation if filed within a period of 15 (fifteen) days from today by the petitioner for refund of the amount or part thereof in respect of which the kist money was paid for extraction of the sand which would not be possible to extract Page No.# 3/3 in view of non issuance of the transit challan by the respondent authorities on time. The PCCF shall take into consideration the relevant facts and more particularly the grievance of the petitioner that on account of non issuance of the transit challans within time by the authorities concerned the petitioner inspite of payment of the kist amount could neither extracted nor would be in a position to extract the sand within the lease period. It is made clear that in course of the enquiry, if it is found that it was due to the fault of the respondent authorities for which the petitioner could not extract the quantity of sand, the PCCF, Assam shall grant such relief to the petitioner as is envisaged under law as well as the terms of the mining lease.
The said exercise shall be done within a period of 20 (twenty) days from the date on which the petitioner submits his representation along with a certified copy of this order.
It is made clear that if the petitioner fails to submit the representation within the period of 15 (fifteen) days as mentioned herein above, the above directions need not be complied with.
With the above observations, the petition stands disposed of.
JUDGE Comparing Assistant