Page No.# 1/3 vs The State Of Assam And 6 Ors
2021 Latest Caselaw 4 Gua

                                                               Page No.# 1/3

GAHC010163112020




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                       Case No. : Review.Pet./109/2020

         ASHOK KR DEV CHOUDHURY AND 3 ORS.
         S/O- LATE BHABESH CHANDRA DEV CHOUDHURY, ASSISTANT
         CONSERVATOR OF FORESTS, NORTH KAMRUP DIVISION, RANGIA,
         ASSAM.

         2: DIBAKOR DAS
          S/O- LATE NIKUNJA BEHARI DAS
         ASSISTANT CONSERVATOR OF FORESTS
          DHANSIRI FOREST DIVISION
          UDALGURI
          BTAD.

         3: MUSTAFA ALI AHMED
          S/O- LATE PHUKAN ALI
         ASSISTANT CONSERVATOR OF FOREST
          GUWAHATI
          SF DIVISION
          BASISTHA
          GUWAHATI-781029
         ASSAM.

         4: KANAK BAISHYA
          S/O- LATE UTCHAB BAISHYA
         ASSISTANT CONSERVATOR OF FORESTS
          KAMRUP EAST DIVISION
          BASISTHA
          GUWAHATI

         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         DEPARTMENT OF ENVIRONMENT AND FOREST, DISPUR, GUWAHATI-
         781006.
                                                                    Page No.# 2/3


            2:THE SECRETARY TO THE GOVT. OF ASSAM
             PERSONAL (B) DEPARTMENT
             DISPUR
             GUWAHATI- 781006.

            3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
             DEPARTMENT OF ENVIRONMENT AND FOREST
             DISPUR
             GUWAHATI- 781006.

            4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HOF
            ASSAM
             PANJABARI
             GUWAHATI- 781037.

            5:THE SECRETARY
            ASSAM PUBLIC SERVICE COMMISSION
             KHANAPARA
             JAWAHARNAGAR
             GUWAHATI- 781022.

            6:KUSHAL KOWAR DEKA
             S/O- LATE LOKNATH DEKA
             ZOO ROAD NARENGI ROAD
             NO. 2 MATGHARIA
             P.O. AND P.S. NOONMATI
             PIN- 781020
             DIST.- KAMRUP(M)
            ASSAM.

            7:SAHADAT ALI
             S/O- LATE MAHIM UDDIN AHMED
             29 LNB PATH
             HATIGAON
             P.O. AND P.S. HATIGAON
             PIN- 781038
             DIST.- KAMRUP(M)
            ASSA

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : SC, FOREST
                                                                                          Page No.# 3/3

                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                                  ORDER

04.01.2021

Heard Mr. K.N. Choudhury, learned counsel for the petitioner. Also heard Mr. M.K. Choudhury, learned senior counsel for the respondent no. 6 as well as Mr. P.N. Goswami, learned counsel for the Forest Department. Also heard Mr. K. Konwar, learned counsel for the APSC.

This review petition is instituted on the ground that while the judgment dated 19.10.2020 in WP(C) No. 4294/2020 was passed, even after due diligence it could not be brought before the court that the present writ petitioners were necessary parties in the said proceeding. The second ground taken is that the notification dated 11.02.2020 which was relied upon for passing the judgment otherwise cannot be the basis for the judgment inasmuch as the said notification is in conflict with the statutory provisions governing the core issues.

On the next date, the two issues will be heard.

List on 08.01.2021.

JUDGE

Comparing Assistant