RATUL DAS Vs. STATE OF ASSAM AND 6 ORS
LAWS(GAU)-2018-8-96
HIGH COURT OF GAUHATI
Decided on August 27,2018

RATUL DAS Appellant
VERSUS
State Of Assam And 6 Ors Respondents

JUDGEMENT

A M Bujor Barua, J. - (1.) Heard Mr. S.K. Medhi, learned Additional Advocate General for the appellans in WA No.213/2017 and Mr. B.J. Ghosh, learned counsel for the appellant in WA No.129/2017. Also heard Mr. K.N. Choudhury, learned senior counsel for the respondents.
(2.) Pursuant to an earlier sale notice dated 29.08.2013, the two Sand Mahals in question, namely, NKD-B-5 Shahpur Mining Contract Area and NKD-B-6 Bandarkhowa Mining Contract Area were settled with one Madhusudan Sutradhar and Khandakar Jiaur Rahman, respectively. Both the settlement holders surrendered their mining contract areas through their respective applications dated 25.11.2014, resulting in a re-sale notice dated 23.12.2014.
(3.) The present respondents participated in the re-sale process pursuant to notice dated 23.12.2014 and were respectively found to be the highest bidder. But before any settlement could be made in their favour, the Additional Principal Chief Conservator of Forest (P) issued two identical letters dated 15.07.2016 in respect of the two mining contract areas, wherein the Principal Chief Conservator of Forest was requested to put up the two mining contract areas for a re-sale by citing the reason that the time gap between the newspaper publication of the re-sale notice dated 23.12.2014 and the date of receiving the tenders was not in accordance with the provisions of Rule-34 of the Assam Minor Mineral Concession Rules, 2013 (in short Rules of 2013).;


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