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2025 DAILYLAW 6309 (GAU)

BAHARUL ISLAM CHOUDHURY v. THE STATE OF ASSAM AND 3 ORS

WP(C)/371/2025 · 2025-02-09

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010014212025 2025:GAU-AS:1310 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/371/2025 BAHARUL ISLAM CHOUDHURY S/O- LATE SUNAHAR ALI CHOUDHURY, R/O- VILLAGE- RANGAUTI PART- II, P.O./P.S. HAILAKANDI, DISTRICT- HAILAKANDI, ASSAM, PIN- 788155 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6 2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI-37 3:THE DIVISIONAL FOREST OFFICER SONITPUR EAST DIVISION BISWANATH CHARIALI PIN- 784176 4:THE DIVISIONAL FOREST OFFICER HAILAKANDI DIVISION DISTRICT- HAILAKANDI ASSAM PIN- 78815 Advocate for the Petitioner : MR H R A CHOUDHURY, MS S DAS,MR F U BARBHUIYA Advocate for the Respondent : SC, FOREST, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 10-02-2025 Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. FU Barbhuiya, learned counsel for the petitioner. Also heard Mr. R Borah, learned Standing Counsel, Forest Department. 2. Having regard to the nature of case projected by the petitioner, this writ petition is taken up for disposal at the motion stage itself. 3. Be it stated herein that when the matter was listed on 27.01.2025 and thereafter on 05.02.2025 time was granted to the respondents to come up with the status of the case, in view of the projection made by the petitioner in terms of his representation dated 27.12.2024 (Annexure-6) and the representation submitted by his wife on 30.11.2024 (Annexure-7). Today, the learned Standing Counsel, Forest Department prays for further time to complete the instructions. 4. However, having regard to the fact that the petitioner is due to superannuate from service within a short period of time, this Court is of the considered view that the pending representations should be considered and disposed of within a time frame, in accordance with law. 5. The writ petition is accordingly disposed of by directing the respondent authorities, more particularly, the Principal Chief Conservator of Forest (respondent No. 2) to consider and dispose of the representation filed by the petitioner on 27.12.2024 and the representation dated 30.11.2024 (filed by his wife) within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. The petitioner shall also submit a copy of the writ petition to Page No.# 3/3 the respondent No. 2. It is further provided that the petitioner, if so adviced may file additional representation within a period of 10 (ten) days from today before the respondent No. 2, in so far as his prayer for transfer and posting in Hailakandi is concerned . 6. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant