Petitioner sought refund of Rs. 6,76,000/- deposited as advance forest royalty for a forest permit for road construction work. Respondents did not dispute the claim. The Court directed verification of the claim and refund if found due, within three months.
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GAHC010225252023
2025:GAU-AS:12177
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5894/2023
PABITRA BORO
S/O- LT. GALENDRA BORO, TANGLA TOWN WARD NO.3, P.O. AND P.S. TANGLA, DISTRICT- UDALGURI, BTR, ASSAM
VERSUS
THE DISTRICT COMMISSIONER AND 4 ORS. DISTRICT DARRANG, MONGALDOI, ASSAM
2:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM
3:THE DIVISIONAL FOREST OFFICER DHANSIRI FOREST DIVISION UDALGURI DISTRICT UDALGURI ASSAM
4:TREASURY OFFICER SIPAJHAR-SUB TREASURY SIPAJHAR DARRANG ASSAM
5:EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT (R AND B) SIPAJHAR AND KALAIGAON
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TERRITORIAL ROAD DIVISION ASSA
Advocate for the Petitioner : MR D K DAS, MR H BETALA,MR C KUMAR,MR. R K AGARWALA
Advocate for the Respondent : GA, ASSAM, SC, BTC,SC, FOREST,SC, PWD,SC, FINANCE
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 08-09-2025
Heard Mr. DK Das, learned counsel for the petitioner. Also heard Mr. RK Mushahary, learned counsel for the respondent Nos. 2, 3 & 5, Mr. A Chaliha, learned, Standing Counsel, Finance Department appearing for respondent No. 4 as well as Mr. SR Baruah, learned Government Advocate appearing for respondent No. 1.
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dates.
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directed hereinabove shall be completed within a period of 3 (three) months
from the date of receipt of a certified copy of this order.
JUDGE
Comparing Assistant
2 issues framed by the court
Is the petitioner entitled to refund of Rs. 6,76,000/- paid as advance forest royalty for a forest permit for sand, gravel and stone?
Within what time must the respondents verify and refund the amount if the claim is found valid?
Pabitra Boro
The District Commissioner, District Darrang, Mongaldoi, Assam
The Principal Secretary, Bodoland Territorial Council, Kokrajhar, Assam
The Divisional Forest Officer, Dhansiri Forest Division, Udalguri District, Assam
Treasury Officer, Sipajhar-Sub Treasury, Sipajhar, Darrang, Assam
Executive Engineer, Public Works Department (R and B), Sipajhar and Kalaigaon Territorial Road Division
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
