Page No.# 1/5 GAHC010036082020 2025:GAU-AS:10087 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1566/2020 HUSSAIN AHMED MAJUMDAR S/O- ABDUL MANNAN MAJUMDAR, R/O- VILL. AMINPATTY, P.O. AND P.S. NAGAON, DIST.- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY.-06. 2:THE STATE OF ASSAM THROUGH THE SECY. TO THE GOVT. OF ASSAM FOREST DEPTT. DISPUR GHY.- 781006. 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037. 4:THE CHIEF CONSERVATOR OF FOREST (T) UPPER ASSAM ZONE KACHARIGHAT GUWAHATI- 781001. 5:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION DIST.- NAGAON ASSAM. 6:M/S. ASSAM VALLEY COLD STORAGE PVT. LTD. PROPRIETOR HUMAYUA CHOUDHURY S/O- LT. KHALIQUZZAN CHOUDHURY R/O- MUSLIM PATTY PO AND PS HOJAI PIN- 782435 DIST.- NAGAON ASSAM Advocate for the Petitioner : MRS. S P HUSSAIN, Advocate for the Respondent : GA, ASSAM, Page No.# 2/5 Linked Case : WP(C)/2348/2017 HUSSAIN AHMED MAZUMDAR S/O ABDUL MANNAN MAZUMDAR R/O VILL. AMINPATTY PO and PS. NAGAON ASSAM VERSUS THE STATE OF ASSAM and 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM 2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM FOREST DEPARTMENT DISPUR GUWAHATI-781006 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI-78137 4:THE CHIEF CONSERVATOR OF FOREST T UPPER ASSAM ZONE KACHARIGHAT GUWAHATI-781001 5:THE CONSERVATOR OF FORESTS NORTH ASSAM CIRCLE TEZPUR ASSAM 6:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON DIST. NAGAON ASSAM ------------ Advocate for : MRS.S P HUSSAIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM and 5 ORS. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 01.08.2025 Heard Ms. S. P. Hussain, learned counsel for the petitioner in WP(c)1566/2020 and WP(c)2348/2017. Also heard Mr. R. R. Gogoi, learned standing counsel, Forest Department, appearing on behalf of the State Respondents. However, none has appeared on behalf of the respondent No. 6 in WP(c)1566/2020 despite service of notice upon him. Page No.# 3/5 2. The petitioner, herein, by way of instituting WP(c)2348/ 2017, has presented a challenge to a Short Tender Notice, dated 17-03-2017, issued by the Principal Chief Conservator of Forest and Head of Forest Force Assam, Guwahati, inviting bids for collection of Minor Minerals, amongst others, from Beldanga Stone Mahal No. 1, on the ground that in pursuance of an earlier tender process; he was permitted to process diversion proposal in respect of a part of the Mahal now put to tender. The petitioner, herein, has, also, by way of instituting WP(c)1566/2020, assailed an order, dated 02-01-2015, issued by the Divisional Forest Officer, Nagaon Division, Nagaon, cancelling the allotment made in respect of processing of diversion proposal for collection of Minor Minerals to the petitioner, herein, pursuant to a tender process. 3. The learned counsels appearing for the parties, at the outset, have submitted that in view of the long lapse of time passing in the matter after issuance of the advertisement, dated 17-03-2017, and the Mahal being not permissible to be settled at present at the rates so quoted by the bidders against the said tender and further, the said tender process having been kept in abeyance by this Court vide order, dated 04.12.2019, in IA(c)4129/2015; this Court would not be called upon to interfere with the said tender process, in-as-much as, it concerns Beldanga Stone Mahal No. 1. 4. This Court appreciates the submissions made by the learned counsels appearing for the parties and also notices that the said stone quarry being Beldanga Stone Mahal No. 1, had remained inoperative since the year 2014, when, it was put to tender and the petitioner although selected for submission of diversion proposals, therein, the same has not been taken to its logical conclusion till date. Page No.# 4/5 5. In view of the above; this Court is of the considered view that the Short Tender Notice, dated 17-03-2017, insofar as, it concerns the Beldanga Stone Mahal No. 1, cannot be sustained and accordingly, the same stands set aside. 6. Having interfered with the said short tender notice; the authorities in the Forest Department are now directed to take a decision as to whether the said Beldanga Stone Mahal No. 1, is required to be put-up for tender and if the decision is so taken for putting up the Mahal for tender; the same be so settled strictly following the provisions of law governing the field. The petitioner, herein, shall also be permitted to participate in such tender process provided he fulfills the eligibility criteria so set-out. 7. This Court having interfered with the tender, dated 17-03-2017, but, having not interfered with the cancellation of the allotment made to the petitioner for submission of diversion proposal; the petitioner, herein, would be entitled to be refunded the Earnest Money deposited by him in pursuance of the earlier tender process initiated vide notice inviting quotations, dated 17-03-2017. 8. The petitioner would now file a representation before the Principal Chief Conservator of Forest and Head of Forest Force Assam, Guwahati, staking a claim for being refunded the Earnest Money deposited by him along with the interest at Bank norms. 9. The Principal Chief Conservator of Forest and Head of Forest Force, Assam, shall, on receipt of such a representation submitted by the petitioner, herein; schedule a date of hearing in the matter and thereafter, upon hearing the petitioner and also permitting him to adduce evidence as may be required and also hearing the concerned authorities of the Divisional Forest Officer, proceed to Page No.# 5/5 decide the claim made by the petitioner and pass a speaking order in this connection. 10. 10. In the event, the petitioner, herein, is successful in demonstrating before the Principal Chief Conservator of Forest and Head of Forest Force, Assam, that the Earnest Money so deposited by him was never offered to be refunded to him; the Principal Chief Conservator of Forest and Head of Forest Force, Assam, shall, in his speaking order, provide for refund of such money along with interest at the prevailing bank norms, thereof. 11. With the above directions and observations, both these writ petitions, accordingly, stand disposed of. JUDGE Comparing Assistant