Writ petition closed with direction to Conservator of Forest to expeditiously consider petitioner's enclosed appeal and pass appropriate speaking order within 30 days, allowing petitioner opportunity to be heard.
Direction to Conservator of Forest to dispose of the enclosed appeal, hear the petitioner, and pass orders within 30 days.
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GAHC010056582024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1696/2024
SARBAT ALI @ SHARBAT ALI S/O- LATE MAJAM ALI, R/O- VILLAGE GOPALPUR, P.O- PAHUMARA, DIST- BARPETA, ASSAM, PIN-781309
VERSUS
THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF FOREST, DISPUR, GUWAHATI- 781006.
2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS GOVT. OF ASSAM
O/OPCCF AND HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI-37 KAMRUP(M)
3:THE CONSERVATOR OF FORESTS CENTRAL ASSAM CIRCLE BASISTHA GUWAHATI-29
4:AUTHORISED OFFICER CUM DIVISIONAL FOREST OFFICER NORTH DIVISION RANGIA-78135
Advocate for the Petitioner : MR. M R SODIAL
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Advocate for the Respondent : SC, FOREST
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
19.07.2024
Heard Ms. SZ Hayat, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest.
The learned Standing Counsel, Forest has appeared and submitted before the Court that the appeal which was filed before the Conservator of Forest/ respondent No. 3 has been misplaced as the then Conservator of Forest before whom the appeal was filed had since superannuated. He however fairly submits on instructions that if the petitioner appears before the Conservator, the Conservator will hear the grievance raised by the petitioner regarding release of his vehicle and will thereafter pass necessary orders.
The learned counsel for the petitioner does not object to the submissions made by Mr. D. Gogoi. She submits that the writ petition may be disposed of with a direction to the Conservator of Forest/respondent No. 3 to dispose of the appeal petition which is enclosed at Annexure-9, Page-34 of the writ petition.
Accordingly, upon hearing the counsel for the parties and taking into consideration the submissions made, the writ petition stands closed with a direction to the Conservator of Forest, Central Assam Circle, Basista, Guwahati29/respondent No. 3 herein to expeditiously consider the appeal petition filed by the petitioner which is enclosed as Annexure-9, Page34 of the writ petition and thereafter pass appropriate speaking order.
The petitioner will be given an opportunity of being heard and any order that is
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passed, a copy thereof shall be served on the writ petitioner.
The writ petitioner will appear before the Conservator of Forest on 26.07.2024 along with a certified copy of this order and file a fresh copy of the appeal which is enclosed as Annexure -9 of the writ petition. The Conservator of Forest will thereafter hear the petitioner and pass appropriate speaking order.
The entire process be completed within a period of 30 days from 26.07.2024.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
Sarbat Ali @ Sharbat Ali
State of Assam
Commissioner and Secretary to the Government of Assam
Principal Chief Conservator of Forests
Conservator of Forests Central Assam Circle
Authorised Officer Cum Divisional Forest Officer North Division
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
