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2025 DAILYLAW 10691 (GAU)

DEBARAJ RABHA v. THE STATE OF ASSAM AND 6 ORS

WA/202/2024 · 2025-02-12

N Unni Krishnan Nair

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Judgment text

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Page No.# 1/3 GAHC010077452024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/202/2024 DEBARAJ RABHA S/O. SRI PABAN RABHA, VILL. DIMALI, P.O. DHANGERGAON, P.S. PALASBARI, DIST. KAMRUP, ASSAM, PIN- 781125. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF FOREST AND ENVIRONMENT, DISPUR, GUWAHATI-6. 2:THE UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF ENVIRONMENT AND FOREST NEW DELHI. 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI- 37 4:THE CHIEF CONSERVATOR OF FOREST OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM PANJABARI GUWAHATI-37. 5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (T) LOWER ASSAM ZONE GUWAHATI. 6:THE DIVISIONAL FOREST OFFICER Page No.# 2/3 KAMRUP WEST DIVISION BAMUNIMAIDAN DIST. KAMRUP ASSAM. 7:THE DIRECTOR OF GEOLOGY AND MINING ASSAM GUWAHATI- 19 For the appellant : Mr. M.J. Quadir, Advocate For the respondents : Mr. I. Borthakur, S.C., Forest For respondent Nos.1,3,4,5,6 Ms. A. Gayan, C.G.C. for Respondent No.2 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 13-02-2025 (Vijay Bishnoi, C.J.) After attempting to argue the matter for quite some time, learned counsel for the appellant submits that since considerable time has elapsed in between calling of the tender, which is of the year 2017, he is not pressing this writ appeal wherein the order passed by the learned Single Judge is under challenge. Learned counsel submits that the Earnest Money deposited pursuant to the allotment order is still lying with the respondents and therefore, a direction be issued to the respondents to refund the said Earnest Money. Learned Standing Counsel, Forest, appearing for the respondent State submits that the Earnest Money deposited by the appellant would be refunded Page No.# 3/3 to him on an appropriate application is submitted by him. In view of the above submissions made by the learned counsel appearing for the parties, this writ appeal is dismissed as not pressed. However, if the appellant moves an application to the respondent authorities within a period of 2 (two) weeks from today with the prayer for refunding the Earnest Money deposited by him, the respondent authority shall refund the same in terms of willingness shown by them in the communication dated 27.04.2018, within a period of 2 (two) weeks thereafter. JUDGE CHIEF JUSTICE Comparing Assistant