Nilotpal Bora v. the State of Assam and 5 Ors.
Case brief
What is this about?
The Court observed that the petitioner wrongfully approached this Court instead of filing an appeal under Rule 68 of the Assam Minor Mineral Concession Rules, 2013 against the DFO's order. The period for limitation was condoned to enable the petitioner to file the appeal before the Appellate Authority.
What the court decided
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GAHC010164862021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5402/2021
NILOTPAL BORA
S/O SHRI LOKNATH BORAH, R/O VILL. KHONGIA, P.O. NAHATIA, PIN 785108, DIST .JORHAT, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, FOREST AND ENVIRONMENT DEPTT., DISPUR, GUWAHATI 6
2:THE ADDITIONAL CHIEF SECY. GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPTT. DISPUR GUWAHATI 781006
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (PLANNING) OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI 781037
Issues for consideration
2 issues framed by the court
Whether the petitioner could approach this Court instead of preferring an appeal under Rule 68 of the Assam Minor Mineral Concession Rules, 2013.
Whether the period from filing the writ petition to delivery of the certified copy should be condoned for preference of appeal under the 2013 Rules.
Parties & counsel
- petitioner
Nilotpal Bora
- respondent
State of Assam
- respondent
Commissioner and Secy. to the Govt. of Assam, Forest and Environment Deptt.
- respondent
Additional Chief Secy. Govt. of Assam Environment and Forest Deptt
- respondent
Principal Chief Conservator of Forest (Planning)
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · October
- Registered
- Case no.
- WP(C)/5402/2021
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