Bijoy Basumtary vs The Bodoland Territorial Council And 5 ...
2024 Latest Caselaw 5133 Gua

Gauhati High Court

Bijoy Basumtary vs The Bodoland Territorial Council And 5 ... on 25 July, 2024

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GAHC010132692013




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

                         Case No. : WP(C)/7241/2013

         BIJOY BASUMTARY
         S/O SRI KALICHARAN BASUMATARY, R/O VILL- NATUNPARA P.O. TEZPUR
         WARD NO. 13, TEZPUR TOWN, DIST. SONITPUR, ASSAM.

         VERSUS

         THE BODOLAND TERRITORIAL COUNCIL and 5 ORS
         KOKRAJHAR, REP. BY THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF
         FOREST FOREST, B.T.C. KOKRAJHAR, ASSAM, PIN- 783370.

         2:ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST
          CUM COUNCIL HEAD OF DEPARTMENT
          FOREST B.T.C. KOKRAJHAR
         ASSAM
          PIN- 783370.

         3:THE CHIEF CONSERVATOR OF FOREST

          BTC
          KOKRAJHAR CUM THE COUNCIL HEAD OF DEPARTMENT
          FORESTS
          BTC
          KOKRAJHAR
          ASSAM
          PIN- 783370.

         4:THE DIVISIONAL FOREST OFFICER
          CHIRANG DIVISION
          KAJALGAON
          BTC
         ASSAM
          PIN- 783385.

         5:THE RANGE OFFICER
                                                                      Page No.# 2/4

             AMTEKA RANGE
             KOILAMOILA DIST. CHIRANG
             BTC
             ASSAM
             PIN- 783393.

            6:THE RANGE OFFICER
             KUKLUNG RANGE
             KUKLUNG
             DIST. CHIRANG
             BTC
            ASSAM
             PIN- 783393.

            7:THE STATE OF ASSAM
             REPRESENTED BY THE PRINCIPAL CHIEF
            CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE.

            8:CONSERVATOR OF FOREST
             (LEGAL

Advocate for the Petitioner   : MR.P C DEY

Advocate for the Respondent : MS. B BHUYAN


             Linked Case : MC/833/2015

            BIJOY BASUMTARY



             VERSUS

            THE BODOLAND TERRITORIAL COUNCIL and 5 ORS



            ------------
            Advocate for : MR B CHANDA
            Advocate for : SC
            BTC appearing for THE BODOLAND TERRITORIAL COUNCIL and 5 ORS




                                         BEFORE
                                                                                  Page No.# 3/4

                   HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
                                         ORDER

25.07.2024

By order dated 18.07.2024, the parties were directed to apprise this Court with regard to the status of WP(C) No. 202/1995 and IA No. 421 in WP(C) No. 202/1995 pending before the Apex Court.

Today, when the matter was called, Mrs. R.B. Bora, learned Standing Counsel, BTC submits a copy of the Judgment dated 31.01.2024, which shows that the proceeding of WP(C) No. 202/1995 is still pending before the Apex Court and the various interim orders passed therein are still subsisting.

Arguments are accordingly taken to be concluded in the matter.

Pursuant to the conclusion of the argument, this Court started dictating the Judgment and Order. However, during the midst of dictation, Mrs. R.B. Bora, learned Standing Counsel, BTC intervenes and produce a set of instructions said to have received three days back to show that there are some restriction orders of the Central Government as regards collection of barks.

This Court depreciates such casual approach of the learned Standing Counsel in handing over instructions which has an important bearing as regards effective adjudication of the matter, that too, without giving a copy to the petitioner.

Be that as it may, this Court releases the matter from part heard and directs the respondents to place the instructions by way of an affidavit within a period of five days from today.

List the matter on 8th August, 2024.

JUDGE Page No.# 4/4

Comparing Assistant