Muslim Ali vs The State Of Assam And 4 Ors
2022 Latest Caselaw 3561 Gua

                                                               Page No.# 1/3

GAHC010161012022




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

                          Case No. : WP(C)/5305/2022

         MUSLIM ALI
         SON OF LATE MAKBUL ALI,
         RESIDENT OF SUNDARBARI,
         P.S.- JALUKBARI, GUWAHATI- 781014,
         DISTRICT- KAMRUP(METRO), ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO
         THE GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT (ROADS), DISPUR,
         GUWAHATI- 781006.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          PUBLIC WORKS DEPARTMENT (ROADS)
          DISPUR
          GUWAHATI- 781006.

         3:THE CHIEF ENGINEER
          PUBLIC WORKS DEPARTMENT (BOARDER ROADS)
         ASSAM
          CHANDMARI
          GUWAHATI-3.

         4:THE SUPERINTENDING ENGINEER
          PWD
          BARPETA ROAD CIRCLE
          BARPETA
          PIN- 781301.

         5:THE EXECUTIVE OFFICER
          PUBLIC WORKS DEPARTMENT (ROADS)
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             BARPETA
             BAGHBAR AND CHENGA TERRITORIAL ROAD DIVISION
             BARPETA
             ASSAM
             PIN- 78130

Advocate for the Petitioner   : MR. D DAS SR. ADV

Advocate for the Respondent : SC, PWD




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                          ORDER

Date : 14-09-2022 Heard Mr. P. Sarma, learned counsel for the writ petitioner.

The writ petitioner had executed certain contractual work under the PWD, Assam.

In execution of the work, the petitioner had allegedly purchased minor minerals from the

open market. However, being aggrieved by the proposed move on the part of the

respondents to deduct the forest royalty from the contractual dues of the petitioner, the

instant writ petition has been filed.

Mr. Sarma submits that the issue raised in this writ petition is covered under

various judgments of this Court passed by the learned Single Judge as well as by the

Division Bench.

Ms. P. Baruah, learned departmental counsel, on the other hand, submits that she

be granted some time to obtain instruction in the matter facilitating disposal of the writ

petition.

Issue notice of motion returnable in 06 weeks.

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Since Ms. Baruah has appeared and accepted notice on behalf of all the

respondents, no formal notice is required to be sent in this case.

However, extra copies of the writ petition, requisite in numbers, be furnished to the

learned departmental counsel within a week from today.

Heard on the prayer of interim relief.

Considering the facts and circumstances of the case as well as the earlier orders

passed by this Court, it is hereby provided that no coercive action shall be initiated

against the petitioner for recovery of forest royalty till the returnable date.

JUDGE GS

Comparing Assistant