Ariful Ahmed Vs the State of Assam and 4 Ors.

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GAHC010186082025

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2026:GAU-AS:5023

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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)/4876/2025

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ARIFUL AHMED

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S/O AFAZUDDIN AHMED, P/R/O VILL- BARKHETRI BARNI, P.S.- BELSOR, PIN-781303, DIST- NALBARI, ASSAM, P/R/A C/O KHAIRUL ALAM RAHMAN, R/O HOUSE NO. 2, NIL KAMAL PATH, NEAR SBI ATM, HATIGAON, GUWAHATI-781038, DIST- KAMRUP (M), ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, FOREST DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAWAN PANJABARI GUWAHATI-781037

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3:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI-781029 KAMRUP (M) ASSAM

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4:THE RANGE FOREST OFFICER SONAPUR FOREST RANGE SONAPUR KAMRUP (M) ASSAM PIN-782401

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5:KANTI DAS

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S/O LATE SHANTI DAS R/O AZARA KONAPARA DIST- KAMRUP (M) ASSAM PIN-78101

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Advocate for the Petitioner : MR. S SAIKIA, G BARUAH,MR U DAS Advocate for the Respondent : SC, FOREST, MR J P CHAUHAN (R-5)

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BEFORE

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HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

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Date : 06.04.2026

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Heard Mr. S. Saikia, learner counsel, for the petitioner. Also heard Mr. R. R. Gogoi, the learner Standing Counsel, Forest Department, for respondent Nos. 1 to 4. Mr. J. P. Chauhan, learned counsel, appears for respondent No.5.

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2. The instant writ petition has been filed by the petitioner challenging the imposition of penalty ticket of an amount of Rs. 10, 90,935/- (Rupees Ten Lakhs Ninety Thousand Nine-Thirty-Five) only upon the Excavator (JCB) of the petitioner, bearing Registration No. AS-01/MC 3886 as penalty by the Divisional Forest Officer, Kamrup East Division, dated 30/04/2025, on the ground that the penalty imposed is highly exorbitant and no show-cause notice was issued to the petitioner prior to passing of the aforesaid impugned order as well as for violation of the provisions of the Assam Minor Mineral Concession Rules, 2013.

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3. The learned standing counsel for the Forest Department has pointed out that any order passed by a competent authority of the Forest Department and

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if a person is aggrieved by such order, there is a provision for appeal under the aforesaid rules, i.e., the Assam Minor Mineral Concession Rules, 2013.

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4. He submits that as per Rule 68 of the aforesaid Rules, 2013 there is a specific provision, wherein, an appeal can be filed and a person has all the rights to contend his grievances before the appellate authority.

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5. In this connection, it may be relevant here to refer to Rule 68 of the aforesaid Rules 2013, which is extracted herein below:

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I. Unless otherwise provided, an appeal against an order passed by any Subordinate Officer shall lie with the Director/Principal, Chief Conservator of Forests and Head of Forest Force, Assam as the case may be.

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II. An appeal against the order passed by the Director/Principal Chief Conservator of Forests and Head of the Forest Force, Assam, shall lie before the Government in the Power (E), Mines and Minerals Department in respect of minerals under Schedule ‘X’ and the Environment and Forest Department in respect of minerals under Schedule ‘Y’.

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III. No order under these rules shall be passed by the competent authority against any person unless he has been issued show cause and given a reasonable opportunity to make a representation.

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6. The learned Standing Counsel, Forests, submits that in view of the

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aforesaid provisions under Rule 68, a competent authority, before passing an order shall have to issue a show cause notice to a person, who is affected by such order. The learned counsel appearing for the petitioner submits that since, there is a provision of appeal, he would like to prefer an appeal under the aforesaid Rule 68 and therefore, he submits that a direction should be passed by this court to the appellate authority to dispose of his appeal in a specified time period by a speaking order.

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7 . Taking into account the submissions made by the counsel appearing for the parties, this court is of the opinion that the instant writ petition can be disposed of by giving the liberty to the petitioner to approach the appropriate authority under Rule 68 of the aforesaid Rules, 2013.

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8. It is directed that on preference of an appeal under Rule 68 of the aforesaid Rules, 2013, the appellate authority in the Forest Department shall pass a speaking order by giving an opportunity of hearing to the petitioner within a period of two months from receipt of such appeal.

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9. In view of the aforesaid directions, the instant Writ Petition is disposed of.

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JUDGE

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Ariful Ahmed v. the State of Assam and 4 Ors.

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