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2026 DAILYLAW 14281 (GAU)

JOYJIT HOJAI v. THE STATE OF ASSAM AND ORS

WP(C)/6697/2024 · 2026-09-13

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010267182024 2026:GAU-AS:13491 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6697/2024 JOYJIT HOJAI S/O ROTENDRA HOJAI, RESIDENT OF MIYUNGKRO, PO AND PS HARANGAJAO, DIST DIMA HASAO, ASSAM 788819 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI 78106, DIST KAMRUP M ASSAM 2:NORTH CACHAR HILL AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY (N) HAFLONG DIMA HASAO 788819 3:THE FOREST DEPARTMENT NORTH CACHAR HILLS AUTONOMOUS COUNCIL REPRESENTED BY ITS CHIEF CONSERVATOR OF FOREST HAFLONG DIMA HASAO 788819 ASSAM 4:THE DIVISIONAL FOREST OFFICER DIMA HASAO FOREST DIVISION (WEST) NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DIMA HASAO 788819 Page No.# 2/3 5:THE RANGE FOREST OFFICER HARANGAJAO RANGE DISTRICT DIMA HASAO 788818 ASSA Advocate for the Petitioner : MR. M MORE, MR. A BORPUZARI,MR. P K SHARMA Advocate for the Respondent : SC, FOREST, SC, N C HILLS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 14.09.2026 1. None appears for the petitioner on call. Though Mr. RM Das, learned standing counsel, Dima Hasao is present. 2. The petitioner is a permit holder for extraction of 2,00,000 m3 of boulders from the Jatinga River under the Harangajao Range. The further claim of the petitioner is that such permit is under the Unclassed State Forest (USF) area and has been extended up to 30.12.2024 and he has extracted 85,825 m3 of boulders and is 1,14,175 m3 of boulders still remains to be extracted. 3. According to the petitioner, the Range Forest Officer arbitrarily refused to accept the advance royalty payment required for further extraction. His representation has also not been redressed. 4. On the other hand, the authorities has justified such action primarily on the ground that on 23.07.2024, the National Green Tribunal, Eastern Zone Bench, Kolkata in original application No.86/2024/EZ, stayed the mining activities in respect of minor Page No.# 3/3 minerals in the district of Goalpara, Lakhimpur and such other districts which do not have duly approved District Survey Report. 5. It is fairly contended that in respect of Dima Hasao, at that point of time, there was no duly approved District Survey Report and for the aforesaid report, the mining was halted. 6. Be that as it may, the period of permit which was only extended up to 30.12.2024, had already expired and therefore, no surviving cause of action for extraction exists. 7. Accordingly, the writ petition stands dismissed being infructuous. JUDGE Comparing Assistant