Page No.# 1/4 GAHC010248092025 2025:GAU-AS:16646 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6438/2025 KAILASH JALAN S/O- LATE J.L. JALAN, R/O- CHALIHANAGAR, TINSUKIA, P.O- TINSUKIA, DIST- TINSUKIA, ASSAM, PIN-786125 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI, ASSAM, PIN- 781006 2:THE COMMISSIONER OF ENVIRONMENT AND FOREST DEPTT. DISPUR GUWAHATI-06 3:THE CHIEF CONSERVATOR OF FOREST EASTERN ASSAM CIRCLE JORHAT DIST- JORHAT PIN-785001 ASSAM 4:THE DIVISIONAL FOREST OFFICER SIVASAGAR DIVISION SIVASAGARM DIST- SIVASAGAR PIN-785640 ASSAM 5:THE DISTRICT COMMISSIONER CHARAIDEO DIST- CHARAIDEO PIN-782445 Page No.# 2/4 ASSA For the petitioner (s) : Mr. H.R.A. Choudhury, Sr. Advocate Mr. R.A. Choudhury, Advocate For the respondent (s) : Mr. D. Gogoi, SC, Forest BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 03.12.2025 Heard Mr. H.R.A. Choudhury, the learned Senior Counsel assisted by Mr. R. A. Choudhury, the learned counsel appearing on behalf of the petitioner. Also heard Mr. D. Gogoi, the learned Standing Counsel for the Forest Department. 2. The present writ petition has been filed by the petitioner seeking a direction that the petitioner should be given an opportunity of hearing by the concerned Respondent Authorities. It is seen from the materials on record that the learned Coordinate Bench of this Court vide an order dated 08.04.2024 passed in WP(C) No.5638/2021 had set aside the order dated 19.06.2021 on the ground of violation of the principles of natural justice and with the further direction that the Respondent Authorities to proceed afresh if so advised. 3. It is seen that the petitioner thereupon was directed to Page No.# 3/4 appear on 14.07.2025 by the concerned Respondent Authorities. However, on 14.07.2025, on account of certain personal difficulties, the petitioner could not appear. 4. The petitioner apprehends now that in view of his non- appearance on 14.07.2025, the Respondent Authorities shall proceed to dispose of the matter without giving an opportunity of hearing to the petitioner. 5. Per contra, Mr. D. Gogoi, the learned counsel appearing on behalf of the Forest Department submitted that the petitioner has been asked to appear before the concerned Respondent Authorities from time to time. However, the petitioner did not appear. He further submitted that the Respondent Authorities want to dispose of the said dispute as soon as possible. 6. This Court during the course of the hearing enquired with the learned counsels appearing on behalf of the petitioner as well as the respondents as to which would be the proper date on which the petitioner can approach the Respondent Authorities for hearing. It is submitted at the bar that on 15.12.2025 at 10:30 a.m., the petitioner shall appear before the Principal Secretary to the Government of Assam, Environment and Forest Department. 7. Taking into account the above, this Court therefore disposes of the writ petition with a direction that the petitioner shall Page No.# 4/4 appear before the Principal Secretary to the Government of Assam, Environment and Forest Department on 15.12.2025 at 10:30 a.m. 8. On the said date, the said official, i.e. the Principal Secretary to the Government of Assam, Environment and Forest Department shall give a hearing to the petitioner and depending upon the hearing, the Respondent Authorities shall take a decision in accordance with law. 9. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant