Disposed

Manidip Rabha and 2 Ors. v. the Union of India and 7 Ors.

Gauhati HC7 Nov 2024WP(C)/1172/2017

Case brief

AI extract

What is this about?

High Court dismissed writ petitions challenging a tender notice for sale of minor minerals as infructuous because the five-year tender period had expired. Court closed petitions, vacated interim stay, and allowed fresh tenders subject to law.

What did the court decide?

Petitions closed as infructuous; interim order vacated; Respondents allowed to call for fresh tenders following law.

Manidip Rabha and 2 Ors. Vs the Union of India and… — Writ and Judicial Review | Gauhati HC (2024)

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Page No.# 1/9

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GAHC010014112017

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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)/1157/2017

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RANJIT DAS

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S/O SHRI BAPU RAM DAS R/O VILL- GARIGAON, P.O. DHARAPUR, P.S. JALUKBARI, GUWAHATI DIST. KAMRUP, ASSAM.

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VERSUS

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THE UNION OF INDIA and 8 ORS. REP. BY THE SECRETARY, MINISTRY OF ENVIRONMENT and FORESTS, PARYAVARAN BHAWAN, JOR BAGH ROAD, NEW DELHI- 110003

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2:THE DEPUTY CONSERVATOR OF FOREST CENTRAL GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT and FORESTS NORTH EASTERN REGIONAL OFFICE LAW-U SIB LUMANTNGEN NEAR M T C WORKSHOP SHILLONG PIN - 793021.

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3:THE DIRECTOR

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WILDLIFE INSTITUTE OF INDIA POST BOX NO. 18 DEHRADUN - 248001 UTTARAKHAND.

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4:THE STATE OF ASSAM REP. BY THE PRINCIPAL ENVIRONMENT and FORESTS DEPARTMENT GOVT. OF ASSAM GUWAHATI -6.

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Page No.# 2/9

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5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEADS OF FORESTS FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI - 781037

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6:THE CHIEF CONSERVATOR OF FORESTS and NODAL OFFICER

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OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEADS OF FORESTS FORCE ASSAM REHABARI GUWAHATI - 781008. 7:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS LOWER ASSAM ZONE KACHARIGHAT GUWAHATI - 781001. 8:THE DIVISIONAL FOREST OFFICER

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KAMRUP WEST DIVISION BAMUNIGAON KAMRUP ASSAM PIN - 781141. 9:THE RANGE OFFICER KULSI RANGE KULSI P.O. KULSI P.S. PALASBARI DIST. KAMRUP ASSAM

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Advocate for the Petitioner : MS.N S THAKURIA, MR.G K THAKURIA

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Advocate for the Respondent : ASSTT.S.G.I., GA, ASSAM

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Page No.# 3/9

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Linked Case : WP(C)/48/2017

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ACHURJYA RABHA S/O. SRI DHARANI KANTA RABHA R/O. VILL. BEBERIPARA P.O. DHANGARGAON P.S. PALASBARI DIST. KAMRUP ASSAM PIN. 7811225 MOBILE NO. 9678494574.

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VERSUS THE UNION OF INDIA and 7 ORS REP. BY THE SECRETARY MINISTRY OF ENVIRONMENT and FOREST PARYAVARAN BHAWAN JOR BAGH ROAD NEW DELHI-110003.

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2:THE DEPUTY CONSERVATOR OF FORESTS CENTRAL

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GOVT. OF INDIA MINISTRY OF ENVIRONMENT and FORESTS NORTH EASTERN REGIONAL OFFICE LAW-U-SIB LUMANTNGEN NEAR MTC WORKSHOP SHILLONG PIN. 793021. 3:THE DIRECTOR WILDLIFE INSTITUTE OF INDIA POST BOX NO. 18 DEHRADUN-248001 UTTARAKHAND.

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4:THE STATE OF ASSAM REP. BY ITS PRINCIPAL SECRETARY ENVIRONMENT and FORESTS DEPTT. GOVT. OF ASSAM GUWAHATI-6.

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5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEAD OF FOREST FORCE

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Page No.# 4/9

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ASSAM REHABARI GUWAHATI-781008.

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6:THE CHIEF CONSERVATOR OF FORESTS and NODAL OFFICER

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O/O. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEAD OF FOREST FORCE ASSAM REHABARI GUWAHATI-781008.

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7:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS

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LOWER ASSAM ZONE KACHARIGHAT GUWAHATI-781001. 8:THE DIVISIONAL FOREST OFFICER KAMRUP WEST DIVISION

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BAMUNIGAON PIN. 781141 KAMRUP ASSAM. -----------Advocate for : MR.S SAIKIA Advocate for : C.G.C. appearing for THE UNION OF INDIA and 7 ORS

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Linked Case : WP(C)/1172/2017

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MANIDIP RABHA and 2 ORS. S/O. SRI MAHESWAR RABHA R/O. VILL. KAHUA P.O. RATANPUR P.S. CHAYGAON DIST. KAMRUP ASSAM PIN.- 781124. 2: SRI DHARMESWAR RABHA S/O. LT. MULORAM RABHA R/O. VILL. BECHIMARI P.O. KULSI P.S. PALASHBARI DIST. KAMRUP

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Page No.# 5/9

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PIN.- 781125.

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3: SRI MILAN CH RAVA S/O. LT. GANESH RAVA R/O. VILL. BOGAPANI P.O. DHANGARGAON P.S. PALASHBARI DIST. KAMRUP ASSAM. VERSUS THE UNION OF INDIA and 7 ORS. REP. BY THE SECRETARY MINISTRY OF ENVIRONMENT and FOREST PARYAVARAN BHAWAN JOR BAGH ROAD NEW DELHI- 110003.

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2:THE DY. CONSERVATOR OF FORESTS CENTRAL GOVT. OF INDIA MINISTRY OF ENVIRONMENT and FORESTS NORTH EASTERN REGIONAL OFFICE LAW-U-SIB LUMANTNGEN NEAR MTC WORKSHOP SHILLONG PIN.- 793021. 3:THE DIRECTOR WILDLIFE INSTITUTE OF INDIA POST BOX NO. 18 DEHRADUN- 248001 UTTARAKHAND. 4:THE STATE OF ASSAM REP. BY ITS PRINCIPAL SECRETARY ENVIRONMENT and FORESTS DEPTT. GOVT. OF ASSAM GUWAHATI-06. 5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN

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Page No.# 6/9

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PANJABARI GUWAHATI-37.

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6:THE CHIEF CONSERVATOR OF FORESTS and NODAL OFFICER

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O/O. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 37. 7:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS

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LOWER ASSAM ZONE KACHARIGHAT GUWAHATI-781001.

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8:THE DIVISIONAL FOREST OFFICER KAMRUP WEST DIVISION

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BAMUNIGAON PIN.- 781141 KAMRUP ASSAM. -----------Advocate for : MR. S DEKA Advocate for : MR.H GUPTAR- 1-3 appearing for THE UNION OF INDIA and 7 ORS.

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Linked Case : WP(C)/672/2016

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RANJIT DAS S/O SRI BAPURAM DAS R/OVILL- GARIGAON P.O. DHARAMPUR GUWAHATI-781017 DIST. KAMRUP M ASSAM.

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VERSUS

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THE UNION OF INDIA and 8 ORS REP. BY THE SECRETARY MINISTRY OF ENVIRONMENT and FORESTS PARYAVARAN BHAWAN JOR BAGH ROAD NEW DELHI-110003.

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Page No.# 7/9

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2:THE DEPUTY CONSERVATOR OF FOREST CENTRAL GOVT.OF INDIA MINISTRY OF ENVIRONMENT and FORESTS NORTH EASTERN REGIONAL OFFICE LAW-U-SIB LUMANTNGEN NEAR MTC WORKSHOP SHILLONG PIN- 793021. 3:THE DIRECTOR WILDLIFE INSTITUTE OF INDIA POST BOX NO. 18 DEHRADUN- 248001 UTTARAKHAND. 4:THE STATE OF ASSAM REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FORESTS DEPARTMENT DISPUR GUWAHATI 781006. 5:THE PRNCIPAL CHIEF CONSERVATOR OF FORESTS and HEAD OF FOREST FORCE ASSAM REHABARI GUWAHATI - 781008. 6:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS WILDLIFE ASSAM BASISTHA GUWAHATI - 781029. 7:THE CHIEF CONSERVATOR OF FORESTS and NODAL OFFICER OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEAD OF FOREST FORCE ASSAM REHABARI GUWAHATI - 78 1008. 8:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS

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LOWER ASSAM ZONE KACHARIGHAT GUWAHTI - 781001.

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Page No.# 8/9

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9:THE DIVISIONAL FOREST OFFICER

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KAMRUP WEST DIVISION BAMUNIGAON PIN - 781141 KAMRUP M ASSAM. For the Petitioner(s) : Ms. N. S. Thakuria, Advocate : Mr. T. Chakraborty, Advocate

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For the Respondent(s) : None appears.

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 08.11.2024

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Heard Ms. N. S. Thakuria, the learned counsel appearing on behalf of the writ petitioner in WP(C) No.1157/2017 and WP(C) No.672/2017 and Mr. T. Chakraborty, the learned counsel appearing on behalf of the Petitioners in WP(C) No.48/2017 and WP(C) No.1172/2017. None has appeared on behalf of the Forest Department.

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The instant batch of writ petitions have been filed by the various writ petitioners challenging the tender notice for sale of minor minerals.

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The challenge made in the instant proceedings to the said tender notice was on the basis that the action was taken by the Respondents without taking the approval from the Central Government which was otherwise required.

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Pursuant to the filing of the writ petitions, this Court had issued notice and had directed that the tender process should not be finalized

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without taking the leave of the Court. The interim order thereupon has been extended from time to time.

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It is further seen that in the meantime, the period i.e. 5 years for which the said tender notice was issued have already expired. Accordingly, the instant batch of writ petitions therefore as per the learned counsels for the Petitioners have become infructuous.

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Accordingly, this Court therefore closes the instant batch of writ petitions as they have become infructuous.

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Interim order passed earlier stands vacated and the Respondent Authorities are at liberty to call for fresh tenders for sale of minor minerals. However in doing so, shall duly follow the mandate of law.

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JUDGE

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Comparing Assistant

Manidip Rabha and 2 Ors. v. the Union of India and 7 Ors.

Case brief

What is this about?

What did the court decide?

Manidip Rabha and 2 Ors. v. the Union of India and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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