Dismissed

Dal Mohan Chetri and 3 Ors. v. M/S Naduar Koibarta Mach Mara S. S. Ltd. and 5 Ors.

Gauhati HC15 Jul 2024I.A.(Civil)/1907/2024

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed an application filed by individuals claiming to be members of an Eco Development Council. The Court found that the registered body is a Committee under the 1998 Rules, not a Council as claimed, rendering the application devoid of merits.

What did the court decide?

The instant application is bereft of merits for which the same stands dismissed.

Dal Mohan Chetri and 3 Ors. Vs M/S Naduar Koibarta… — Company and Corporate | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010123822024

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

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Case No. : I.A.(Civil)/1907/2024

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DAL MOHAN CHETRI AND 3 ORS

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S/O LATE MOHAN LAL CHETRI, PRESIDENT OF ECO DEVELOPMENT COUNCIL, R/O TIWARIPAL, PS. SOOTEA, DISTRICT BISWANATH, PIN 784175.

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2: SRI KESHAB RAUT

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S/O LATE TIL BAHADUR RAUT MEMBER OF ECO DEVELOPMENT COUNCIL R/O TIWARIPAL PS. SOOTEA DISTRICT BISWANATH PIN 784175.

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3: SRI BISHU KHARKA

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S/O LATE CHATRAMAN KHARKA

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MEMBER OF ECO DEVELOPMENT COUNCIL R/O TIWARIPAL PS. SOOTEA DISTRICT BISWANATH PIN 784175.

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4: SRI NAR BAHADUR BASNET

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S/O LATE TEK BAHADUR BASNET MEMBER OF ECO DEVELOPMENT COUNCIL R/O TIWARIPAL PS. SOOTEA DISTRICT BISWANATH PIN 784175

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VERSUS

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Page No.# 2/3

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M/S NADUAR KOIBARTA MACH MARA S. S. LTD. AND 5 ORS PAHUCHOWA GAON, P.O. NIZ SOOTEA, DISTRICT- SONITPUR, ASSAM REPRESENTED BY ITS PRESIDENT- SRI KHAGEN DAS, AGED ABOUT 55 YEARS, SON OF LATE DEBEN DAS, RESIDENT OF CHENGELIMARA, P.O.PANPUR, P.S.- JAMUGURIHAT, DISTRICT- SONITPUR, ASSAM, PIN- 784180.

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2:THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-6. 3:THE DEPUTY COMMISSIONER SONITPUR DISTRICT- SONITPUR ASSAM PIN- 784001.

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4:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) SONITPUR DISTRICT- SONITPUR ASSAM PIN- 784001.

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5:THE DISTRICT FISHERY DEVELOPMENT OFFICER SONITPUR DISTRICT DISTRICT- SONITPUR ASSAM PIN- 784001. 6:THE CIRCLE OFFICER NADUAR REVENUE CIRCLE DISTRICT- SONITPUR ASSAM PIN- 784175

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For the Applicant(s) : Mr. R. P. Sarmah, Advocate For the Respondent(s) : Mr. N. Borah, Advocate

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Page No.# 3/3

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 16.07.2024

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This is an application filed by the applicants claiming to be the President of the Eco Development Council. However, from a perusal of Annexure-1, it is noticed that the name of the registered body is Tewaripal Eco Development Committee registered under the provisions of Rule 7(vii) of Assam Joint (people’s participation) Forestry Management Rules, 1998 (for short “the Rules of 1998”).

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This Court has also perused the additional affidavit wherein the Rules of 1998 has been enclosed. From a perusal of the said Rules of 1998, it reveals that a Committee is to be constituted in terms with Rule 3 and how the Committee is to be constituted is stipulated in Rule 7. Taking into account that the applicants herein have referred themselves to be Presidents/Members of an Eco Development Council which has no existence, the instant application is bereft of any merits for which the same stands dismissed.

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Before parting with the records, this Court however observes that there shall not be a bar for the Tewaripal Eco Development Committee so constituted under the Rules of 1998 to file appropriate application, if so advised.

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I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Dal Mohan Chetri and 3 Ors. v. M/S Naduar Koibarta Mach Mara S. S. Ltd. and 5 Ors.

Case brief

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Dal Mohan Chetri and 3 Ors. v. M/S Naduar Koibarta Mach Mara S. S. Ltd. and 5 Ors.

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