Disposed

Swapna Bania Das v. the State of Assam and 3 Ors.

Gauhati HC5 Apr 2022WP(C)/2500/2022

Case brief

AI extract

What is this about?

Petitioner challenged an order converting term deposits to demand drafts. Court held appellate remedy existed under the Assam Minor Minerals Concession Rules, 2013, so writ was not invoked. Appeal permitted within 30 days; demand stayed till appeal disposal or period expiry.

What did the court decide?

Petitioner permitted to file appeal within 30 days; demand order stayed till appeal disposal or expiry of 30 days.

Swapna Bania Das Vs the State of Assam and 3 Ors. — Writ and Judicial Review | Gauhati HC (2022)

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GAHC010066882022

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

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Case No. : WP(C)/2500/2022

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SWAPNA BANIA DAS

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W/O. SRI LILA KANTA DAS, VILL. DAKUAH, P.O. DHALPUR, P.S. NARAYANPUR, DIST. LAKHIMPUR, ASSAM, PIN-784165.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FORESTS DEPTT., DISPUR, GUWAHATI, PIN-781006, KAMRUP (M) DISTRICT, ASSAM.

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE

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ASSAM REHABARI GUWAHATI PIN-781008 KAMRUP (M) DISTRICT ASSAM.

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3:THE DIVISIONAL FOREST OFFICER

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LAKHIMPUR DIVISION NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787001.

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4:THE BRANCH MANAGER

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INDIAN BANK BIHPURIA BRANCH

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JAMUGURI GHAT BIHPURIA P.O. BIHPURIA DIST. LAKHIMPUR ASSAM PIN-784161

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Advocate for the Petitioner : MR. D DAS SR. ADV

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Advocate for the Respondent : SC, FOREST

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 05.04.2022

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Heard Mr. D. Das, learned Senior Counsel assisted by Mr. M. Mahanta appearing on behalf of the petitioner and Mr. D. Gogoi appears on behalf of respondent Nos.1, 2 and 3.

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Taking into account the order which the Court proposes to pass herein, service of notice of the respondent No.4 would not be essential and as such the service upon the respondent No.4 is hereby dispensed with.

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The petitioner has assailed the order dated 11.01.2022 passed by the Principal Chief Conservator of Forest and Head of Forest Force, Assam dated 11.01.2022 and the consequent steps taken by the respondent No.3 to the respondent No.4 whereby the respondent No.3 had requested the respondent No.4 for conversion of the term deposit receipts into demand drafts and send the same to the respondent No.3.

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Mr. D. Gogoi, learned Standing Counsel for the Environment and Forest Department submits that there is an Appellate provision envisaged under Rule 68 of the Assam Minor Minerals Concession Rules, 2013, whereby from an order

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passed by the Principal Chief Conservator of Forest and Head of Forest Force Assam, an appeal lies before the Environment and Forest Department in respect of minerals under Schedule “Y”. The learned counsel for the respondent submits that as an appeal lies to the Environment and Forest Department, Government of Assam, against the order dated 11.01.2022, the instant writ petition is not maintainable.

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Taking into consideration that the adjudication of the dispute involved herein would include adjudication on the various factual aspects and taking into consideration that an Appellate remedy being accountable in terms with Rule 68 of the said Rules of 2013, this Court not inclined to invoke the writ jurisdiction. Consequently, this Court for the ends of justice permits the petitioner to file an appeal if so advised within a period of 30 days from today i.e. 05.04.2022. It is made clear that taking into consideration that there are various claims and counter claims, this Court directs that the demand so made on the basis of the order dated 11.01.2022 shall not be given effect to till the disposal of the appeal or till the expiry of 30 days from the date of the instant order, if no appeal is preferred.

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With above observations, the petition stands disposed.

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JUDGE

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Comparing Assistant

Swapna Bania Das v. the State of Assam and 3 Ors.

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Swapna Bania Das v. the State of Assam and 3 Ors.

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