Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010032542024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/829/2024 KANIKA DEVI W/O DEBENDRA SARMA R/O HOUSE NO. 3A KAILASPUR HARKANTA RABHA PATH DAKHIGOAN NEAR MODERN ENGLISH SCHOOL LALGANESH GUWAHATI 34 P.S. DISPUR DIST. KAMRUR METRO ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FOREST AND ENVIRONMENT DEPTT DISPUR GUWAHATI 6 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI 37 ASSAM 3:THE ADDITIONAL PRINCIPAL CONSERVATOR FOREST(PLANNING) BHAWAN PANJABARI PIN 37 ASSAM 4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOUSING AND URBAN AFFAIRS DEPTT DISPUR GUWAHATI 6 5:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM MINES AND MINERALS DEPTT DISPUR GUWAHATI 6 6:THE JOINT SECRETARY TO THE GOVT OF ASSAM MINES AND MINERALS DEPTT DISPUR GUWAHATI 6 7:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI
Page No.# 2/3 Advocate for the Petitioner : MR J PAYENG, MR. P K CHETRY,MS PRATIMA RABHA Advocate for the Respondent : SC, FOREST, MS S BORUAH (GA, ASSAM),SC, HOUSING AND URBAN AFFAIRS,SC, GMCH
BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 27-10-2025 Heard Mr. D. Upadhyay, learned counsel appears on behalf of Mr. J. Pateng, learned counsel for the petitioner and Ms. M. Kalita, learned Standing counsel for the respondent No. 1, 2 & 3. It is submitted at the bar that the subject matter in this writ petition is covered by the judgment & order dated 24.09.2024 passed in WP(C) No. 4085/2024, more specifically paragraph-19 of the said judgment which is quoted hereinbelow for ready reference;
“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.”
On the basis of the submission made by the learned counsel for the parties, this writ petition is disposed of in term of the order dated 24.09.2024 passed in WP(C) No. 4085/2024. Page No.# 3/3
Writ petition stands disposed.
JUDGE Comparing Assistant