M/S Naduar Koibarta Mach Mara S. S. Ltd. Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

M/S Naduar Koibarta Mach Mara S. S. Ltd. Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief adjudicated; writ petition closed as infructuous after the embankment's removal was reported and the Deputy Commissioner, Biswanath undertook demolition of the subsequently erected bamboo fencing; personal appearances of the Deputy Commissioners, Sonitpur and Biswanath dispensed with.

Issue for consideration

Whether the embankment constructed by the Forest Department in the fishery settled with the petitioner should be removed.

Court's answer

In view of the reported removal of the embankment and the submissions made, nothing remains to be adjudicated in the writ petition.

Ratio / Principle

The writ petition is closed as infructuous.

Key takeaways

The District Commissioner's letter dated 10.06.2025 and the Circle Officer's compliance report dated 10.06.2025, along with the photographs, were made part of the record and marked as Annexure-X collectively.obiter¶¶34
The appearance of the Deputy Commissioners, Sonitpur and Biswanath is dispensed with.obiter¶¶35

Detailed headnote1 paragraphs

Writ Petition WP(C)/4940/2023 (Gauhati High Court, order dated 12.06.2025, Michael Zothankhuma, J.) filed by M/s Naduar Koibarta Mach Mara S.S. Ltd. against the State of Assam and others concerned an embankment constructed by the Forest Department in a fishery settled with the petitioner. At the hearing, the District Commissioner, Biswanath produced a letter dated 10.06.2025 enclosing a compliance report of the Circle Officer, Naduar Revenue Circle, Sootea recording that the embankment separating Saru dolapani and Bor Dolapani beel had been removed on 10.06.2025 in the presence of DSP Headquarters Biswanath, local police, Forest Department officials and Circle Office staff. Senior counsel for respondent Nos. 8-10 (the Tewaripal Eco Development Committee and its members) confirmed the peaceful demolition; counsel for the petitioner objected that bamboo fencing had been erected on the site on 11.06.2025, which respondent Nos. 8-10 denied erecting, whereupon the Deputy Commissioner, Biswanath undertook to have it demolished the same day. Holding that nothing remained to be adjudicated, the Court closed the writ petition as infructuous, marked the letter, compliance report and photographs as Annexure-X, and dispensed with the personal appearance of the Deputy Commissioners, Sonitpur and Biswanath.

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GAHC010183192023

2025:GAU-AS:7679

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

Case No. : WP(C)/4940/2023

M/S NADUAR KOIBARTA MACH MARA S. S. LTD. PAHUCHOWA GAON, P.O. NIZ SOOTEA, DISTRICT- SONITPUR, ASSAM REPRESENTED BY ITS PRESIDENTSRI 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.

VERSUS

THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DEPUTY COMMISSIONER SONITPUR DISTRICT- SONITPUR ASSAM PIN- 784001.

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

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5:THE CIRCLE OFFICER NADUAR REVENUE CIRCLE DISTRICT- SONITPUR ASSAM PIN- 784175. 6:THE DIVISIONAL FOREST OFFICER WESTERN RANGE NAGSHANKAR BISWANATH FOREST DIVISION DISTRICT-BISWANATH 7:THE DISTRICT COMMISSIONER BISWANATH PO-BISWANATH DISTRICT-BISWANATH 8:THE TEWARIPAL ECO DEVELOPMENT COMMITTEE OF EASTERN ASSAM WILDLIFE DIVISION BOKAHAT UNDER NORTHERN RANGE PANIBHARAL BISWANATH A COMMITTEE REGISTERED UNDER THE PROVISIONS OF RULE 7 VII OF ASSAM JOINT PEOPLES PARTICIPATION FORESTRY MANAGEMENT RULES 1998 REPRESENTED BY ITS PRESIDENT SRI DAL MOHAN CHETRI AGE 72 YEARS SON OF LATE MOHAN LAL CHETRI RESIDENT OF TEWARIPAL PS. SOOTEA DISTRICT BISWANATH PIN 784175 MOBILE NO. 9954983597 9:SRI KESHAB RAUT AGE 48 YEARS SON OF LATE TIL BAHADUR RAUT MEMBER TEWARIPAL ECO DEVELOPMENT COMMITTEE RESIDENT OF TEWARIPAL PS. SOOTEA DISTRICT-BISWANATH PIN-784175 MOBILE NO. 8638619280

10:SRI BISHNU KHARKA AGE 62 YEARS SON OF LATE CHATRAMAN KHARKA

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MEMBER TEWARIPAL ECO DEVELOPMENT COMMITTEE RESIDENT OF VILL.- CHANDRABETTI PO.-GORPAL PS. SOOTEA DISTRICT-BISWANATH PIN-784175 MOBILE NO. 600373911

Advocate for the Petitioner : MR. N BORAH, MR M.J. BHARALI,N AHMED

Advocate for the Respondent : GA, ASSAM, MS. M BORAH (R-8,9,10),MR M R ADHIKARI (R8,9,10),SC, FOREST

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

Date : 12.06.2025

Heard Mr. N. Borah, learned counsel for the petitioner and Mr. I. Borthakur, learned counsel for the respondent No. 6. Also heard Mr. K. Gogoi, Addl. Senior Government Advocate for the State respondents and Mr. R. P. Sarma, learned senior counsel, assisted by Mr. M. R. Adhikari, learned counsel for the respondent Nos. 8 to 10.

2. The dispute between the petitioner and the respondents was on account of an embankment that had been constructed by the Forest Department in the fishery that had been settled with the petitioner.

3. The Deputy Commissioners, Sonitpur and Biswanath have appeared virtually during the Court proceedings.

4. Mr. K. Gogoi, learned Addl. Senior Government Advocate has submitted a letter issued by the District Commissioner, Biswanath dated 10.06.2025, which is to the

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effect that the Circle Officer, Naduar Revenue Circle, Sootea has issued a compliance report dated 10.06.2025, stating that the embankment separating Saru dolapani and Bor Dolapani beel has been removed on 10.06.2025 in the presence of DSP, Headquarter, Biswanath, local police, Forest Department officials and Circle Office staff. The whole process was conducted in a peaceful manner and with good coordination from the local people.

5. Mr. R. P. Sarma, learned senior counsel for the respondent Nos. 8 to 10 also submits that they were also present in the demolition of the embankment and everything was done in a peaceful manner.

6. Mr. N. Borah, learned counsel for the petitioner however submits that on 11.06.2025, a bamboo fencing had been erected, where the demolished embankment stood earlier.

7. Mr. R. P. Sarmah submits that the said bamboo fencing has not been erected by the respondent Nos. 8, 9 & 10.

8. The Deputy Commissioner, Biswanath submits that the bamboo structure shall be demolished within the course of the day.

9. In view of the above facts and the submission made, nothing remains to be adjudicated in the writ petition.

10. The writ petition is accordingly closed as infructuous.

11. The letter dated 10.06.2025, issued by the District Commissioner, Biswanath and the compliance report dated 10.06.2025, issued by the Circle Officer, Naduar Revenue Circle, Sootea along with the photographs, are made a part of the record and

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marked as Annexure-X collectively.

12. The appearance of the Deputy Commissioners, Sonitpur and Biswanath are hereby dispensed with.

JUDGE

Comparing Assistant