Abdul Sattar Barbhuiya vs The State Of Assam And 4 Ors
2025 Latest Caselaw 1198 Gua

Gauhati High Court

Abdul Sattar Barbhuiya vs The State Of Assam And 4 Ors on 4 June, 2025

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GAHC010109092025




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

                         Case No. : WP(C)/2988/2025

         ABDUL SATTAR BARBHUIYA
         S/O LT HAJI KARAMAT ALI BARBHUIYA, R/O DOBOKA TOWN, WARD NO.
         7, P.O. AND P.S.- DOBOKA, DIST- HOJAI (ASSAM)



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE SPL CHIEF SECRETARY (FOREST) TO THE GOVT
         OF ASSAM, ENVIRONMENT, FOREST AND CLIMATE CHANGE
         DEPARTMENT, DISPUR, GUWAHATI-06

         2:THE KARBI ANGLONG AUTONOMOUS COUNCIL
          REPRESENTED BY ITS PRINCIPAL SECRETARY
          KARBI ANGLONG
          DIPHU
          PIN-782460

         3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
         FOREST FORCE
          DEPARTMENT OF ENVIRONMENT
          FOREST AND CLIMATE CHANGE
         ARANYA BHAWAN
          PANJABARI
          GUWAHATI-37

         4:THE CONSERVATOR OF FOREST
          KARBI ANGLONG CIRCLE
          DIPHU
          PIN-782460

         5:THE AUTHORISED OFFICER CUM DIVISIONAL FOREST OFFICER
          KARBI ANGLONG WEST DIVISION
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              DIPHU
              PIN-78246

Advocate for the Petitioner   : MR H R A CHOUDHURY, J M SULAIMAN,MR. A H M R
CHOUDHURY

Advocate for the Respondent : SC, FOREST, SC, K A A C




                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

04.06.2025

1. Heard Mr. H. R. A. Choudhury, learned counsel for the petitioner.

2. The petitioner is aggrieved by three orders; firstly, order dated 19.01.2013 passed by the Authorised Officer Cum Divisional Forest Officer, Karbi Anglong, West Division, Diphu, whereby, the application of the petitioner for custody of the elephant namely, "Meena" was rejected and the said elephant was confiscated. The second order under challenge is the order dated 27.02.2014 passed by the Principal Chief Conservator of Forest and Head of Forest Force, Department of Environment, Forest and Climate Change, Assam in exercise of its review power, dismissing the claim of the petitioner. The third, judgment under challenge is the Judgment dated 04.11.2024 passed by the learned District & Session Judge, Karbi Anglong, Diphu in Criminal Misc. Appeal No. 02/2023, wherein, the earlier orders were challenged but was negated by the learned District & Sessions Judge.

3. Issue notice returnable after four weeks.

4. As Mr. P. N. Goswami, learned Additional Advocate General, Assam accepts notice on behalf of the respondent Nos. 1 and 3 and Mr. J. Chutia, learned Page No.# 3/3

Standing Counsel for the KAAC accepts notice on behalf of the respondent Nos. 2, 4 and 5, no formal notice need be issued to the said respondents. However, extra copy of the writ petition be furnished to them by the learned counsel for the petitioner within a period of three days from today.

5. Registry to call for the record of Criminal Misc. Appeal No. 02/2023 from the learned Court of District & Session Judge, Karbi Anglong, Diphu.

6. List this matter after four weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant