Page No.# 1/3 GAHC010096942025 2025:GAU-AS:5722 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2454/2025 ANUP DAS MINING CONTRACTOR,NKD-B-15,NICHUKA MCA, S/O-PRITHURAM DAS,VILL-DUMURIA,P.O-BHOUKAMARI,DIST- BAJALI,ASSAM-781325 VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,FOREST AND ENVIRONMENT DEPARTMENT,DISPUR,GUWAHATI, ASSAM-781006 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST PANJABARI GUWAHATI ASSAM-781037 3:THE ASSTT CONSERVATOR OF FOREST NORTH KAMRUP DIVISION RANGIA KAMRUP ASSAM-781354 4:THE DIVISIONAL FOREST OFFICER NORTH KAMRUP DIVISION RANGIA KAMRUP ASSAM-781354 5:THE RANGE FOREST OFFICER BARPETA ROAD Page No.# 2/3 DIVISION BARPETA ASSAM-781315 6:THE DEPUTY COMMISSIONER BARPETA ASSAM-78130 Advocate for the Petitioner : HAZARAT MIRZA ALI, MS N CHATTERJEE Advocate for the Respondent : SC, FOREST, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 09.05.2025 Heard Mr. H.M. Ali, learned counsel for the petitioner, who submits that the petitioner has been issued show-cause notice dated 10.04.2025 by the Assistant Conservator of Forest, North Kamrup Division, Rangia, stating that the petitioner had been illegally extracting minor minerals beyond his mining contract area of NKD-B-15 Nichuka Mining Contract Area, which was in violation of Section 41(a) (b)(d) and Rule 63 of the AMMC Rules, 2013. 2. The petitioner submitted his reply to the show-cause notice on 21.04.2025. 3. The petitioner’s counsel submits that the respondents have also seized the sand that had been extracted by the petitioner within his allotted mining area and has not released the same to him till date. He also submits that the respondent authorities have disabled the petitioner’s kist payment option without following the due process of law. Page No.# 3/3 4. Mr. R.R. Gogoi, learned counsel for the Forest Department submits that the respondent authorities shall take a decision on the show-cause notice and the reply made by the petitioner, within 2(two) weeks. 5. On considering the fact that the respondents have not taken a decision with regard to the show-cause notice and the reply made by the petitioner, this Court is of the view that the writ petition is premature. However, as the petitioner had submitted his reply dated 21.04.2025, to the show-cause notice dated 10.04.2025, the Assistant Conservator of Forest, North Kamrup Division, Rangia shall take a decision on the same, within a period of 2(two) weeks from the date of receipt of a copy of this order. It is needless to add that the fate of the seized sand and the question of payment of kist money by the petitioner would depend upon the decision taken by the Assistant Conservator of Forest, North Kamrup Division, Rangia. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant