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2020 DIGILAW 628 (GAU)

Jay Kumar Basumatary v. State Of Assam

2020-07-30

ACHINTYA MALLA BUJOR BARUA

body2020
JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. P. Hazarika, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned counsel appearing for the respondent Forest Department. 2. The petitioner having participated in a re-sale notice dated 21.12.2016 in respect of a mining contract for collection of stone/pea gravel and sand in an area of 3.70 Hector of Upper Subansiri Sonapur for a period of 7 years has approached this court with a prayer that the respondents be directed to re-schedule the payment of the 12th Kist money in respect of the mining contract by granting some time for the ends of justice. 3. In view of the prevailing emergent situation due to the covid-19 pandemic, the petitioner also makes an alternative prayer that they have filed a representation dated 10.06.2020 before the Divisional Forest Officer, Dhemaji Division bringing to the notice of the authorities that because of the prevailing covid-19 and the prior shutdown of 20 to 25 days to the CAA protest, and further because of the lockdown which was in force resulting in a complete shutdown of the business activity, and therefore in order to meet the economic difficulty, the period for disputing the 12th Kist money be extended by 75 days. 4. We are of the view that because of the prevailing situation, the petitioner at least has a legal right to make a request to respondent authority to extend the time without expressing the view on the merit whether the time should be given or not. By taking into consideration the second prayer in the writ petition, we are of the view that the petitioner is at least entitled to a direction that the respondent Divisional Forest Officer, Dhemaji Division gives a consideration to the representation dated 10.06.2020 and pass a reasoned order thereof. 5. However, we make it clear that the observation and decision of this order shall not be construed to be a direction to the Divisional Forest Officer, Dhemaji Division to grant a relief sought for but it is a direction of the Court to give a consideration to the claim made by the petitioner and pass a reasoned order thereof. 6. The required order to be passed within a period of 10(ten) days from the receipt of the certified copy of the order. Any order to be passed shall be communicated to the petitioner. 6. The required order to be passed within a period of 10(ten) days from the receipt of the certified copy of the order. Any order to be passed shall be communicated to the petitioner. Till such reasoned order is passed, no coercive action is taken against the petitioner. 7. It is further provided on the prayer of Mr. R.R. Gogoi, learned counsel for the respondent Forest Department that the respondent no. 3, the Principal Chief Conservator of Forests and Head of Forest Force, Guwahati would be more the appropriate authority to give a consideration to the representation of the petitioner. 8. If desire, the petitioner may also file a representation to the respondent no. 3, the Principal Chief Conservator of Forests and Head of Forest Force, Guwahati which may pass a reasoned order thereon.