Writ petition by a boulder extraction permit holder challenging arbitrary refusal to accept advance royalty payment. Court held permit expired by expiry date, causing the petition to be infructuous and dismissing it.
Writ petition dismissed as infructuous due to expiry of the mining permit.
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GAHC010267182024
2026:GAU-AS:13491
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6668/2024
RUPAM KARIGAPSA S/O LATE RATIKANTA KARIGAPSA
RESIDENT OF PWD COLONY I HAFLONG PO HAFLONG DIST DIMA HASAO ASSAM 788819
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FOREST DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI 78106 DIST KAMRUP M ASSAM
2:NORTH CACHAR HILL AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY (N) HAFLONG DIMA HASAO 788819
NORTH CACHAR HILLS AUTONOMOUS COUNCIL REPRESENTED BY ITS CHIEF CONSERVATOR OF FOREST HAFLONG DIMA HASAO 788819 ASSAM
4:THE DIVISIONAL FOREST OFFICER
DIMA HASAO FOREST DIVISION (WEST) NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG
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DIMA HASAO 788819
5:THE RANGE FOREST OFFICER
HARANGAJAO RANGE DISTRICT DIMA HASAO 788818 ASSAM
-----------Advocate for : MR. M MORE Advocate for : SC
FOREST appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 14.09.2026
30.12.2024 and he has extracted 12,500 m3 of boulders and is 1,87,500 m3 of boulders still remains to be extracted.
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Tribunal, Eastern Zone Bench, Kolkata in original application No.86/2024/EZ, stayed the mining activities in respect of minor minerals in the district of Goalpara, Lakhimpur and such other districts which do not have duly approved District Survey Report.
JUDGE
Comparing Assistant
2 issues framed by the court
whether a writ petition challenging arbitrary refusal to accept advance royalty by a permit holder is maintainable after the permit has expired.
whether the stay order by the National Green Tribunal on mining in districts lacking approved District Survey Reports including Dima Hasao halts extraction under an expired permit.
RUPAM KARIGAPSA
THE STATE OF ASSAM
NORTH CACHAR HILL AUTONOMOUS COUNCIL
THE FOREST DEPARTMENT
THE DIVISIONAL FOREST OFFICER DIMA HASAO
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
