Page No.# 1/5 GAHC010208502025 2025:GAU-AS:12624 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5403/2025 VINOD KUMAR KABRA S/O- BHAMORLAL KABRA, RESIDENT OF ROUMARI DOLONI, P.O.- BORBHOGA, P.S.- KOLIABOR, DISTRICT- NAGAON, ASSAM, PIN-782138 VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (MOEFF), INDIRA PARIYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003 2:THE STATE OF ASSAM REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI PIN- 781006 3:THE PRINCIPAL SECRETARY TO THE STATE OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI PIN- 781006 4:THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF GEOLOGY AND MINING DISPUR GUWAHATI ASSAM 5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE Page No.# 2/5 H BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GUWAHATI PIN-781006. 6:DIRECTOR OF GEOLOGY AND MINING GOVT OF ASSAM DAKHINGAON KAHILIPARA GUWAHATI ASSAM 7:THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-21 8:POLLUTION CONTROL BOARD REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-21 9:THE KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC) REPRESENTED BY ITS PRINCIPAL SECRETARY DIPHU KARBI ANGLONG. 10:THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG. 11:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU. 12:THE DIVISIONAL FOREST OFFICER KARBI ANGLONG EAST DIVISION DIPHU 13:THE FOREST RANGE OFFICER NORTH WESTERN RANGE PARKUP PAHAR KARBI ANGLONG DIPHU. Page No.# 3/5 14:THE SECRETARY DEPARTMENT OF ENVIRONMENT AND FOREST KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU. 15:THE DEPUTY COMMISSIONER OF KARBI ANGLONG EAST DIPHU KARBI ANGLONG ASSAM 16:THE ASSISTANT REVENUE OFFICER PHULONI REVENUE CIRCLE KARBI ANGLONG 17:THE EXECUTIVE ENGINEER DIPHU WATER RESOURCES DIVISION DIPHU 18:THE ADDITIONAL CHIEF ENGINEER HILLS WATER RESOURCES ZONE DIPHU For the Petitioner(s) : Mr. P.K. Goswami, Sr. Advocate Mr. B. P. Borah, Advocate For the Respondent(s) : Ms. K. Phukan, CGC Mr. S. R. Baruah, Govt. Advocate Mr. K.P. Pathak, Standing Counsel Mr. S. Baruah, Standing Counsel Mr. J.C. Chutia, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.09.2025 Heard Mr. P.K. Goswami, the learned Senior Counsel assisted by Mr. B.P. Borah, the learned counsel appearing on behalf of the petitioner. Ms. K. Phukan, the learned CGC appears on Page No.# 4/5 behalf of the Union of India; Mr. J. Chutia, the learned Standing Counsel appears on behalf of the KAAC as well as its functionaries; Mr. K.P. Pathak, the learned Standing Counsel appears on behalf of the Forest Department; Mr. S.R. Baruah, the learned Government Advocate appears on behalf of the District Administration and Mr. S. Baruah, the learned Standing Counsel appears on behalf of the Pollution Control Board. 2. It is relevant to take note of that the petitioner had submitted a review application pursuant to an order dated 19.05.2025 in WP(C) No. 2671/2025. 3. Mr. J. Chutia, the learned Standing Counsel, KAAC has placed before this Court a communication dated 13.06.2025 wherein it has been mentioned that the application seeking review has been rejected on the ground that the mining contract area falls within the Catchment area of Kaziranga National Park as per the report of the Additional Chief Engineer, Water Resource Zone (Hills), Diphu. The said communication is kept on record and marked with the letter “X”. 4. Mr. P. K. Goswami, the learned Senior Counsel appearing on behalf of the petitioner submitted that taking into account the said development which was not intimated to the petitioner earlier, the petitioner would be well advised to withdraw the Page No.# 5/5 instant writ petition and file a consolidated writ petition thereby challenging the communication dated 13.06.2025. 5. Taking into account the above, the instant writ petition stands closed on withdrawal. 6. Liberty is given to the petitioner to file a separate writ petition, if so advised, by challenging all the causes of action which were the subject matter of the present writ petition as well as the communication dated 13.06.2025. JUDGE Comparing Assistant