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2025 DAILYLAW 12806 (GAU)

BANDANA KUMARI DAS v. THE STATE OF ASSAM AND 6 ORS.

WP(C)/3109/2025 · 2025-06-05

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010107742025 2025:GAU-AS:7406 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3109/2025 BANDANA KUMARI DAS W/O LATE SADHIN CH. DAS, R/O GOTANAGAR, GOPALTHAN, P.O.- MALIGAON, P.S.- JALUKBARI, GUWAHATI-781011, DIST- KAMRUP (M), ASSAM 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 ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (PLANNING) ARANYA BHAWAN PANJABARI GUWAHATI PIN-781037 ASSAM 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-781006 Page No.# 2/3 5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006 6:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI-781006 7:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-78100 Advocate for the Petitioner : MR L KALITA, Advocate for the Respondent : SC, FOREST, SC, HOUSING AND URBAN AFFAIRS,SC, GMC BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 06-06-2025 No one appears for the petitioner on call. 2. Ms. A Borthakur, learned counsel appears on behalf of Mr. P Nayak, learned counsel for the GMC, while Ms. M Kalita, learned counsel appears for the respondent Nos. 1 to 3. 3. The prayer of the writ petitioner is for setting aside the impugned communication No. PEM.174336/183 dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines & Minerals Department. Page No.# 3/3 4. The communication dated 02.03.2023 that has been put to challenge in the present case has already been set aside in the judgment and order dated 24.09.2024 passed in WP(C) 4085/2024, wherein it has been held in paragraph 19 as follows:- “19. In view of the above analysis, it is therefore the opinion of this Court that the impugned communication dated 02.03.2023 issued by the Joint Secretary to the Government of Assam, Mines and Mineral Department thereby stipulating that the amendments carried out by the Amending Rules would also apply to the private agencies is contrary to the Act of 1957 as well as the Rules of 2013 as amended by the Amending Rules. Accordingly, the impugned communication dated 02.03.2023 is set aside and quashed.” 5. In view of the above, this Court finds that there is no reason to keep this writ petition pending any longer. The present writ petition is accordingly closed, keeping in view the fact that the prayer of the petitioner has already been answered in paragraph 19 of the judgment and order dated 24.09.2024 passed in WP(C) 4085/2024. 6. The writ petition is disposed of accordingly. JUDGE Comparing Assistant