Page No.# 1/4 GAHC010083812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2114/2025 JITEN ENGJAI S/O PANIRAM ENGJAI R/O VILL SARTHE KILLING GAON PO NOUPANI PS ANJUKPANI DIST KARBI ANGLONG ASSAM VERSUS THE UNION OF INDIA AND ORS REP BY THE GOVT OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE MOEFF INDIRA PARIYAVARAN BHAWAN JORBAGH ROAD NEW DELHI 110003 2:NATIONAL BOARD OF WILDLIFE REP BY THE SECRETARY COMM ITTEE MEMBER STANDING OF NATIONAL BOARD OF WILDLIFE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE MOEFF INDIRA PARIYAVARAN BHAWAN JORBAGH ROAD NEW DELHI 110003 3:THE STATE OF ASSAM REP BY THE SPECIAL CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GHY 781006 4:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM DEPTT OF ENVIRONMENT AND FOREST DISPUR GHY 6 5:THE ADDITIONAL CHIEF SECRETARY DEPTT OF GEOLOGY AND MINING DISPUR GHY ASSAM 6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FORESTS FORCE H BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GHY 781006 Page No.# 2/4 7:DIRECTOR OF GEOLOGY AND MINING GOVT OF ASSAM DAKHINGAON GUWAHATI ASSAM KAHILIPARA 8:THE IMPACT STATE ENVIRONMENT ASSESMENT AUTHORITY REP BYITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI 21 9:POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI 21 10:THE KARBI ANGLONG AUTONOMOUS COUNCIL REP COUNCIL BY PRINCIPAL SECRETARY DIPHU KARBI ANGLONG 11:THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBIANGLONG 12:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBIANGLONG 13:THE DIVISIONAL FOREST OFFICER KARBIANGLONG EAST DIVISION DIPHU 14:THE RANGE OFFICER NORTH WESTERN RANGE PARKUP PAHAR KARBIANGLONG 15:THE SECRETARY DEPTT OF ENVIRONMENT KAAC DIPHU AND FOREST 16:THE DISTRIC COMMISSIONER KARBI ANGLONG EAST DIPHU KARBI ANGLONG ASSA Advocate for the Petitioner : MR B SARMAH, MR G PATHAK,K GURUNG Advocate for the Respondent : DY.S.G.I., SC, FOREST,SC, PCB,SC, K A A C,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 28-05-2025 Considering the subject matter of the writ petition and as agreed to by the learned counsel for the parties, the writ petition is disposed of at the order stage. The fact projected is that the petitioner was granted a permit to set up a mining stone quarry at Naupani Kaiphoi village in the district of Karbi Anglong covering a MC Page No.# 3/4 (Mineral Concession) area of 0.58 hectare. It is also contended that the said permit was issued after fulfilling all the formalities. However, on 29.01.2025, the Divisional Forest Officer, Karbi Anglong had issued a notice suspending the mining operations and accordingly which is the cause of action in the present writ petition. I have heard Shri P. K. Goswami, learned Senior Counsel assisted by Shri B. Sarmah, learned counsel for the petitioner. I have also heard Shri J. Chutia, learned Standing Counsel, KAAC. The learned Senior Counsel has submitted that similar matters had come up for consideration before this Court and it was pointed out that under the Assam Minor Mineral Concession Rules, 2013, more specifically Rule 67, there is a provision for filing an application for review and the earlier writ petitions were disposed of by granting liberty to the agreed parties therein to file such review within a specified time. In fact a copy of one of such orders passed on 06.05.2025 in WP(C)/2314/2025 has been placed before this Court. Shri Chutia, the learned Standing Counsel has fairly considered that he would not have objection if a similar direction is passed. He, however, hastens to add that while doing so, it may be clarified that this Court has not expressed any opinion on the inter se merits of the parties. After hearing the learned counsel for the parties and on consideration of the subject matter involved, including the earlier orders passed, this Court is of the opinion that since the Rules of 2013 provides for a remedy by way of a review, such remedy is required to be availed. In view of the above and as agreed to by the parties, the present writ petition is disposed of by giving liberty to the petitioner to file a review petition under the aforesaid Rule 67 which can be done within a period of 2 (two) weeks from today and on such filing, the Reviewing Authority would take appropriate decision on the same. It is made clear that before any decision is taken, the petitioner is required to be given an opportunity of hearing. Page No.# 4/4 As observed above, the remand to the Reviewing Authority has been made without expressing any opinion on the merits of the case. The exercise of review as directed above is required to be completed expeditiously and within an outer limit of 3 (three) weeks from the date on which the review is filed. The further operation of the mining by the petitioner would depend on the decision which would be taken by the Reviewing Authority. Writ petition stands disposed of. JUDGE Comparing Assistant