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2025 DAILYLAW 6643 (GAU)

JALLALPORE TEA ESTATE v. THE STATE OF ASSAM AND 2 OTHERS

MC/4/2025 · 2025-03-25

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010018922025 2025:GAU-AS:3472 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/4/2025 JALLALPORE TEA ESTATE A UNIT OF JAY SHREE TEA AND INDUSTRIES LTD, PO JALLAPORE, DISTRICT - CACHAR, ASSAM, REPRESENTED BY SRI BINOY KUMAR BANIK CONSTITUTED POWER OF ATTORNEY VERSUS THE STATE OF ASSAM AND 2 OTHERS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST AND ENVIRONMENT DEPARTMENT, DISPUR, GUWAHATI- 6 2:THE DEPUTY COMMISSIONER CACHAR ASSAM. 3:THE DIVISIONAL FOREST OFFICER KARIMGANJ DIVISION DIST. KARIMGANJ ASSAM Advocate for the Petitioner : HARSHADITTYA ROY DAS, MS.R DEKA,MR.B D DAS Advocate for the Respondent : GA, ASSAM, SC, FOREST AND ENVIRONMENT DEPTT, ASSAM,GA, ASSAM Page No.# 2/3 Linked Case : WP(C)/453/2017 JALLALPORE TEA ESTATE A UNIT OF JAY SHREE TEA and INDUSTRIES LTD. P.O. JALALPUR DIST. CACHAR ASSAM REP. BY SHRI BINOY KUMAR BANIK CONSTITUTED POWER OF ATTORNEY VERSUS THE STATE OF ASSAM and 2 ORS. REP. BY THE THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FOREST and ENVIRONMENT DEPARTMENT DISPUR GUWAHATI-6. 2:THE DEPUTY COMMISSIONER CACHAR ASSAM. 3:THE DIVISIONAL FOREST OFFICER KARIMGANJ DIVISION DIST. KARIMGANJ ASSAM. ------------ Advocate for : MR.D THOUSAN Advocate for : appearing for THE STATE OF ASSAM and 2 ORS. BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 26-03-2025 1. Heard Ms. R. Deka, learned counsel for the applicant. Page No.# 3/3 2. The present application is filed for restoration of WP(C) No. 453/2017 by recalling the order dated 08.01.2025, whereby this Court dismissed the aforesaid writ petition for non-prosecution. 3. The explanation has been given at para 3 of this petition. In para-3, it is stated that when the matter was called up on 08.01.2025, Ms. R. Deka, learned counsel could not appear before the Court in time as she was assisting the Senior counsel, Mr. B.D. Das, in another matter being WP(C) No. 20/2025 listed as item No. 3 in the Division Bench and also due to wrong monitoring of the Case Number Display Board. 4. Mr. R.R.Gogoi, learned Standing counsel, Forest and Environment Department submits that he will not object to the restoration of the connected writ petition. 5. Considering the matter in totality and also taking note of the explanation given at Para-3 of the application, the order dated 08.01.2025 passed in WP(C) No. 453/2017 is hereby recalled and the same is restored back to its original file. 6. With the aforesaid, the present application stands disposed of. 7. Registry shall do the needful and shall list WP(C) No. 453/2017 after the ensuing ‘Bihu’ vacation on a date to be fixed by it. JUDGE Comparing Assistant