Page No.# 1/3 GAHC010026102024 2025:GAU-AS:16231 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/79/2024 MD. IMAN ALI S/O- MD. BABR ALI, R/O- VILL.- PADUMONI, P.O. KAKATIGAON, DIST. NAGAON, ASSAM, PIN- 782525. VERSUS NEERA DAULAGUPU AND 3 ORS. THE SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST DEPARTMENT, DISPUR, GUWAHATI-6. 2:M. K. YADAVA THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI-781037. 3:BANKIM SARMA THE CONSERVATOR OF FOREST NORTHERN ASSAM CIRCLE TEZPUR ASSAM 4:SUHAS KADAM THE DIVISIONAL FOREST OFFICER NAGAON DIVISION DIST. NAGAON ASSA Page No.# 2/3 Advocate for the petitioner(s): Mr. HR Das Advocate for the respondent(s): Mr. D Gogoi B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 26.11.2025 Heard Mr. HR Das, the learned counsel appearing on behalf of the petitioner. Mr. D Gogoi, the learned counsel, who appears on behalf of all the respondents. 2. This is an application filed alleging willful and deliberate violation of the order dated 08.05.2023 passed in WP(C)No.2432/2023. 3. From a perusal of the said order dated 08.05.2023, it is seen that the learned Coordinate Bench of this Court not only interfered with the Office Order No.36 dated 15.03.2023, but also directed the State respondents to take a final decision with regard to the petitioner’s application dated 30.01.2023 for surrendering the Borpani Sand Permit Area No.1(B). 4. Mr. D Gogoi, the learned counsel for the respondents had placed before this Court an instruction dated 25.11.2025 and submits that the Officer on Special Duty, Environment, Forest and Climate Change Department had intimated the Principal Chief Conservator of Forests & HoFF, Assam that the Environment, Forest and Climate Change Department, Government of Assam had accepted the surrender application of the petitioner in respect to “Borpani Sand Permit Area No.1(B)” due to his inability in paying the kist money. Page No.# 3/3 5. The said instruction dated 25.11.2025 is kept on record and marked with the letter ‘X’. 6. In view of the above, nothing further remains to be adjudicated upon in the instant application and accordingly, the contempt petition stands dropped. 7. Before parting with the records, this Court finds it relevant to make an observation in view of the submission made by Mr. HR Das, the learned counsel for the petitioner that the petitioner is entitled to the refund of the security deposit which has been forfeited in terms of the order dated 08.05.2023 passed in WP(C)No.2432/2023. It is the opinion of this Court that the said aspect is not the subject matter of the present proceedings. Liberty, however, is granted to the petitioner to approach the respondent authorities for release of the security deposit and if the same is not released, the petitioner would be at liberty to approach this Court, if so advised. JUDGE Comparing Assistant