Page No.# 1/4 GAHC010116862026 2026:GAU-AS:8436 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3107/2026 M/S KHANIKAR STONE CRUSHER A PROPRIETORSHIP, REPRESENTED BY ITS PROPRIETOR SHRI PANKAJ KHANIKAR, HAVING ITS OFFICE NATUN SONAPUR, GOGAMUKH, LAKHIMPUR, ASSAM-787034. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, FOREST AND ENVIRONMENTAL AFFAIRS DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN- 781006. 2:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI KAMRUP METRO ASSAM PIN-781037. 3:CHIEF CONSERVATOR OF FORESTS NORTHERN ASSAM CIRCLE LAKHIMPUR DIVISION NORTH LAKHIMPUR ASSAM PIN-784001. 4:OFFICE OF DIVISIONAL FOREST OFFICER LAKHIMPUR DIVISION NORTH LAKHIMPUR-787031. Page No.# 2/4 5:THE RANGER FOREST OFFICER PROTECTION SQUAD LAKHIMPUR DIVISION (T) LAKHIMPUR ASSA For the Petitioner(s) : Ms. A. Bhuyan, Advocate For the Respondent(s) : Mr. I. Borthakur, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 12.06.2026 Heard Ms. A. Bhuyan, the learned counsel appearing on behalf of the petitioner. Mr. I. Borthakur, the learned Standing Counsel appears on behalf of the respondent Nos. 1 to 5. 2. The petitioner herein is aggrieved by the communication dated 30.05.2026 whereby on the ground of non-submission of certain documents, the petitioner’s right to operate the Stone Crusher Unit was temporarily suspended without specifying the documents required to be submitted by the petitioner. 3. It is the specific case of the petitioner that if the petitioner was informed about what were the documents to be submitted, the petitioner could have submitted those documents and if there was a failure to do so, action could have been taken Page No.# 3/4 pursuant to the show cause notice, but without indicating what documents are required to be submitted, such actions could not have been resorted to. 4. This Court has duly taken note of that on 19.05.2026, the petitioner was issued a show cause notice on the basis of an inspection which revealed that certain lands had been used for commercial purposes relating to the petitioner’s Stone Crusher Unit. The petitioner thereupon submitted a reply stating inter alia that the Stone Crusher Unit had been established on 6 Bighas of land belonging to the petitioner. However, the petitioner was using some other parties land for stocking raw materials, parking of vehicles etc. which are not commercial and the petitioner was taking effective steps in that regard. 5. To the surprise of the petitioner, the Divisional Forest Officer, Lakhimpur Division vide the communication dated 30.05.2026 impugned in the present proceedings, informed the petitioner that the required documents be submitted at the earliest and pending such submission, the operation of the Stone Crusher Unit was temporarily suspended. 6. This Court, for the present is not adjudicating as regards the proceedings pursuant to the show cause notice, which the Divisional Forest Officer, Lakhimpur Division shall duly consider. Page No.# 4/4 However, this Court is of the opinion that without specifying the documents required to be submitted, the Divisional Forest Officer, Lakhimpur Division could not have suspended the operation of the petitioner’s Stone Crusher Unit, inasmuch as such action would be arbitrary and unreasonable. 7. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The impugned communication dated 30.05.2026 is set aside and quashed. (ii) The Divisional Forest Officer, Lakhimpur Division, shall duly provide to the petitioner the details of the documents required to be submitted and thereupon if the Divisional Forest Officer, Lakhimpur Division, is not satisfied, the Divisional Forest Officer shall proceed with the determination of the show cause proceedings in accordance with law. JUDGE Comparing Assistant