Disposed¶47

Anjala Basumatary v. State of Assam

Gauhati HC5 Nov 2025I.A.(Civil)/3477/2025

Case brief

AI extract

What is this about?

Simen Sand and Gravel Mining Contract Area; sand and gravel extraction permit; third-party mining rights; tender notice dated 11.06.2021; five-year mining contract; Divisional Forest Officer Dhemaji Division; Director of Geology and Mining Assam; mining plan preparation; letter dated 15.10.2025; letter dated 04.11.2025; Google map of mining area; interlocutory application closed; WA/468/2023; Gauhati High Court; Dhemaji; out-of-turn hearing request.

What did the court decide?

The interlocutory application stood closed on the Court's observation that the two mining areas are different; no direction restraining respondents nos. 1 to 4 from permitting sand and gravel extraction was issued. ¶47

Anjala Basumatary Vs State of Assam — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010238562025

2025:GAU-AS:14931

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

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Case No. : I.A.(Civil)/3477/2025

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ANJALA BASUMATARY

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W/O SRI SATHO BASUMATARY RESIDENT OF JYOTINAGAR, WARD NO.2, P.O. P.S. SILAPATHAR, DISTRICT DHEMAJI ASSAM, PIN 787059

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VERSUS

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STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT FORESTS DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI 781006

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI -781037

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3:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (T)

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UPPER ASSAM ZONE BASISTHA GUWAHATI - 781061

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4:THE DIVISIONAL FORESTS OFFICER DHEMAJI DIVISION DISTRICTDHEMAJI ASSAM.

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5:SRI BIJU KUMBANG

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SON OF TARUN KUMBANG RESIDENT OF NATUN MISING GAON P.O. P.S. SILAPATHAR DISTRICT - DHEMAJI ASSAM

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Page No.# 2/4

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Advocate for the Petitioner : MR. J SARMAH,

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Advocate for the Respondent : SC, FOREST, MR. S BORTHAKUR

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Linked Case : WA/468/2023

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BIJU KUMBANG

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S/O TARUN KUMBANG R/O NATUN MISING GAON PO AND P.S SILAPATHAR DIST. DHEMAJI ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP HEREIN BY ITS PRINCIPAL SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FOREST DEPTT ASSAM SECRETARIAT DISPU GUWAHATI ASSAM

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

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ASSAM

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ARANYA BHAWAN PAJABARI GUWAHATI 781037

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3:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (T) UPPER ASSAM ZONE BASISTHA GUWAHATI 781061

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4:THE DIVISIONAL FORESTS OFFICER

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DHEMAJI DIVISION DIST. DHEMAJI ASSAM

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5:ANJALA BASUMATARY

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W/O SRI SATHO BASUMATARY R/O JYOTINAGAR WARD NO 2 P.O. AND P.S SILAPAHAR DIST. DHEMAJI ASSAM PIN 787059

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-----------Advocate for : MR S BORTHAKUR Advocate for : SC FOREST appearing for THE STATE OF ASSAM AND 4 ORS

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Page No.# 3/4

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 06.11.2025 (K.R. Surana, J)

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Heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. J. Sharma, learned counsel for the applicant. Also heard Mr. D. Gogoi, learned standing counsel for the Environment and Forest Department representing respondent nos. 1 to 4 and Mr. S. Borthakur, representing respondent no. 5.

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The applicant as well as the respondent no. 5 are the in dispute with regard to the extraction rights of gravel and sand in respect of the mining area covered by tender notice dated 11.06.2021, which is for a period of 5 (five) years.

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In the connected appeal, respondent no. 5 is the appellant and the applicant herein is the respondent no. 5.

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It is projected that during the pendency of the connected WA/468/2023, the Divisional Forest Officer, Dhemaji Division (respondent no. 4) has proposed to allow a third party mining rights and to that effect vide its letter dated 15.10.2025, the Director of Geology and Mining, Assam has been requested for preparation of mining plans. It is projected that the said mining plan may infringe the operating rights in respect of the Simen Sand and Gravel Mining Contract Area, which is the subject matter of adjudication in the connected appeal.

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Accordingly, the applicant has prayed for directions not to allow the respondent nos. 1 to 4 to allow any permit for extraction of sand and gravel from the Simen Sand and Gravel Mining Contract Area till the disposal of the

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Page No.# 4/4

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connected appeal. The learned senior counsel for the applicant has also orally prayed that the connected appeal be taken up for an expeditious hearing. 6. The learned standing counsel for the Environment and Forest Department has produced a copy of letter dated 04.11.2025, addressed to the learned instructing counsel for the applicant and has also produced a copy of the Google map of Simen Sand and Gravel Mining Contract Area to show that the two mining areas are distinct and different.

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The learned senior counsel for the applicant submits that the instructions produced may be made a part of record. He prays that the interlocutory application may be disposed of with an observation that the connected appeal may be taken up for out of turn hearing.

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Accordingly, as prayed for, as the two mining area are different, this interlocutory application stands closed.

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JUDGE JUDGE

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Comparing Assistant

Anjala Basumatary v. State of Assam

Case brief

What is this about?

What did the court decide?

Anjala Basumatary v. State of Assam

Case brief

What is this about?

What did the court decide?

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What the court decided

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