Page No.# 1/4 GAHC010076022024 2025:GAU-AS:9204 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2080/2024 TOWHIDUR RAHMAN S/O- LATE MAZIBUR RAHMAN, R/O- LAKHMI PATH, HOUSE NO. 12, NABIN NAGAR, P.O.- RG BARUAH ROAD, POLICE STATION- GITANAGAR, GUWAHATI, DISTRICT- KAMRUP(METROPOLITAN), ASSAM, PIN- 781024. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST AND ENVIRONMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI PIN- 781037 ASSAM. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI- 781006. Page No.# 2/4 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM MINING AND MINERALS DEPARTMENT DISPUR GUWAHATI PIN- 781006 ASSAM. 5:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM. 6:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI PIN- 781001. 7:THE COMMISSIONER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI ASSAM PIN CODE- 781005 Advocate for the Petitioner : Mr. I. Choudhury, Advocate Advocate for the Respondent : Mr. R. R. Gogoi, Advocate Ms. U. Das, Addl. Sr. Govt. Advocate Ms. A. Borthakur, SC, GMC/GMDA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date of Hearing : 16.07.2025 Date of Judgment : 16.07.2025 Page No.# 3/4 JUDGMENT AND ORDER (ORAL) Heard Mr. I. Choudhury, the learned counsel appearing on behalf of the petitioner; Mr. R. R. Gogoi, the learned counsel who appears on behalf of the respondent Nos.1 & 2; Ms. U. Das, the learned Government Advocate who appears on behalf of the respondent Nos.3, 4 & 5 and Ms. A. Borthakur, the learned counsel who appears on behalf of the GMC and GMDA. 2. The petitioner herein has approached this Court challenging the communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Minerals Department, Dispur to the Commissioner & Secretary to the Government of Assam, Housing & Urban Affairs Department as well as the directions issued by the respondent Nos.6 & 7 for deposit of an amount on account of royalty on the basis of the impugned communication dated 02.03.2023. 3. The learned counsel appearing on behalf of the petitioner submits that the petitioner is constructing a residential house and the issue involved in the present proceedings is directly covered by the judgment of this Court dated 24.09.2024 in the case of Amar Deka and Another vs. The State of Assam and 6 Others, reported in 2024 SCC OnLine Gau 1615. 4. This Court has duly taken note of the judgment passed by this Court in the case of Amar Deka and Another (supra) and the Page No.# 4/4 issue involved in the present proceedings appears to be squarely covered by the judgment of this Court in the case of Amar Deka and Another (supra). It is further relevant to take note that in the case of Amar Deka and Another (supra), this Court had already set aside and quashed the communication dated 02.03.2023 which has been impugned in the instant proceedings. 5. Consequently, there is no requirement for further quashing the impugned communication which already stands set aside and quashed in view of the judgment of this Court in the case of Amar Deka and Another (supra). 6. This Court further directs the respondent Nos.6 & 7 not to insist upon payment of royalty on the basis of the impugned communication dated 02.03.2023 and further directs the said respondent Nos.6 & 7 to process the issuance of the No Objection Certificate in accordance with law in terms with the above observations. 7. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant