Disposed¶27

Bandana Kumari Das v. the State of Assam and 6 Ors.

Gauhati HC5 Jun 2025WP(C)/3109/2025

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/3109/2025; Bandana Kumari Das v. State of Assam and 6 Ors.; disposed 06-06-2025; Michael Zothankhuma, J.; impugned communication PEM.174336/183 dated 02.03.2023; Joint Secretary, Mines & Minerals Department, Assam; identical communication already set aside and quashed in WP(C) 4085/2024 (judgment and order dated 24.09.2024, paragraph 19); Act of 1957; Rules of 2013; Amending Rules; stipulation that amendments would apply to private agencies; writ petition closed; no appearance for petitioner on call.

What did the court decide?

Writ petition closed and disposed of; no fresh relief adjudicated, the prayer having already been answered by the judgment and order dated 24.09.2024 in WP(C) 4085/2024, which set aside and quashed the impugned communication dated 02.03.2023. ¶27

Bandana Kumari Das Vs the State of Assam and 6 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010107742025

2025:GAU-AS:7406

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

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Case No. : WP(C)/3109/2025

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BANDANA KUMARI DAS

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W/O LATE SADHIN CH. DAS, R/O GOTANAGAR, GOPALTHAN, P.O.MALIGAON, P.S.- JALUKBARI, GUWAHATI-781011, DIST- KAMRUP (M), ASSAM

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VERSUS

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THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST AND ENVIRONMENT DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI PIN-781037 ASSAM 3:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (PLANNING) ARANYA BHAWAN PANJABARI GUWAHATI PIN-781037 ASSAM 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-781006

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Page No.# 2/3

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5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006

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6:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006

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7:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-78100

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Advocate for the Petitioner : MR L KALITA,

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Advocate for the Respondent : SC, FOREST, SC, HOUSING AND URBAN AFFAIRS,SC, GMC

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 06-06-2025

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No one appears for the petitioner on call.

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2. Ms. A Borthakur, learned counsel appears on behalf of Mr. P Nayak, learned counsel for the GMC, while Ms. M Kalita, learned counsel appears for the respondent Nos. 1 to 3.

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3. The prayer of the writ petitioner is for setting aside the impugned communication No. PEM.174336/183 dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department.

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4. The communication dated 02.03.2023 that has been put to challenge in the present case has already been set aside in the judgment and order dated 24.09.2024 passed in WP(C) 4085/2024, wherein it has been held in paragraph 19 as follows:-

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“ 19. In view of the above analysis, it is therefore the opinion of this Court that the impugned communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Mineral Department thereby stipulating that the amendments carried out by the Amending Rules would also apply to the private agencies is contrary to the Act of 1957 as well as the Rules of 2013 as amended by the Amending Rules. Accordingly, the impugned communication dated 02.03.2023 is set aside and quashed.”

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5. In view of the above, this Court finds that there is no reason to keep this writ petition pending any longer. The present writ petition is accordingly closed, keeping in view the fact that the prayer of the petitioner has already been answered in paragraph 19 of the judgment and order dated 24.09.2024 passed in WP(C) 4085/2024.

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6. The writ petition is disposed of accordingly.

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JUDGE

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Comparing Assistant

Bandana Kumari Das v. the State of Assam and 6 Ors.

Case brief

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Bandana Kumari Das v. the State of Assam and 6 Ors.

Case brief

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