Disposed

Chaiful Islam v. the State of Assam and 4 Ors.

Gauhati HC17 Mar 2025WP(C)/5677/2023

Case brief

AI extract

What is this about?

Writ petition against sealing and locking of petitioner's timber shop and seizure of a sawing machine and documents by forest authorities. After an interim order removed the seal and the license was renewed, counsel submitted nothing survived; the court closed the petition with liberty to raise grievances regarding confiscation before the competent authority.

What the court decided

AI extract

Chaiful Islam Vs the State of Assam and 4 Ors. — Environment and Pollution | Gauhati HC (2025)

Page No.# 1/4

GAHC010213592023

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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)/5677/2023

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CHAIFUL ISLAM

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S/O KADAM ALI, R/O VILL- MAHABIR PATHAR, P.S.-CHHAYGAON, DISTKAMRUP, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF ENVIRONMENT AND FOREST, DISPUR, GUWAHATI-06

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM PANJABARI GHY-37

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3:THE DIVISIONAL FOREST OFFICER KAMRUP WEST DIVISION DIST-KAMRUP ASSAM

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4:THE FOREST RANGE OFFICER RIVERINE RANGE NAGARBERA DIST-KAMRUP ASSAM

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5:THE FOREST BEAT OFFICER NAGARBERA BEAT DIST- KAMRUP ASSA

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Page No.# 2/4

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Advocate for the Petitioner : MR S HOQUE, M ISLAM

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Advocate for the Respondent : SC, FOREST,

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 18.03.2025

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Heard Mr. S Hoque, learned counsel for the petitioner. Also heard Mr. R R Gogoi, learned counsel appearing on behalf of respondent Nos.1 to 5.

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The petitioner herein has assailed the action of the respondent authorities to seal and lock the timber premises belonging to the petitioner in connection with Memo No.OR/NONBR/03/offence/29 dated 04.08.2023 without giving due opportunity to the petitioner and further as regards the illegal seizure of the sawing machine as well as various documents which are lying in the custody of the respondents.

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This Court after considering the fact that no useful purpose would be served in keeping the timber shop of the petitioner under seal and lock and as the materials have already been seized and that confiscation proceedings had been initiated on the basis thereof, passed an interim order dated 19.08.2024, directing the respondent authorities to remove the seal from the timber shop of the petitioner forthwith and not later than 5 days from the date when the certified copy of the said order is served

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upon the respondent No.3.

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It was further provided that the petitioner shall not carry out any activities without renewing its license which expired on 31.12.2023. The respondents were further directed to place before this court on the next date fixed the notice as regards confiscation initiated against the petitioner.

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When the matter is listed today, it is submitted that the seal was opened in terms of this court’s order dated 19.08.2024. The license of the petitioner has also, in the meantime, been renewed by the Divisional Forest Officer, Kamrup, West Division, Bamunigaon, which is valid for a period with effect from 21.12.2024 to 20.12.2029.

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It is submitted by Mr. Gogoi that on 21.05.2024, the authorized office cum Divisional Forest Officer, Kamrup West Division Bamunigaon had issued a notice in the confiscation proceeding against seizure of forest produce in question and the petitioner is in receipt of the said notice and copy of such notice is also produced. However, the learned counsel for the petitioner submits that he has not received the said notice.

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Be that as it may, a copy of the communication dated 21.05.2024 under letter No.B/KW/2017-20 be furnished to the learned counsel.

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At this stage, the learned counsel for the petitioner submits that in view of the renewal of the license and opening of the seal, nothing survives to be decided in the present writ petition and accordingly, he submits that the writ petition may be closed with a

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Page No.# 4/4

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liberty to the petitioner to raise his grievance before the competent authority/court as regards the confiscation proceeding initiated against him, if necessity arises.

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Prayer stands allowed.

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Accordingly, the writ petition stands closed with the liberty as prayed for.

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A copy of the instructions furnished by Mr. Gogoi as well as the license renewed are kept on record.

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JUDGE

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Comparing Assistant

Chaiful Islam v. the State of Assam and 4 Ors.

Case brief

What is this about?

What the court decided

Chaiful Islam v. the State of Assam and 4 Ors.

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