F. U. Choudhury substituted by Smt. Rabea Begun Choudhury, S/o I. A choudhury v. State of Mizoram
2022-12-07
MARLI VANKUNG
body2022
DigiLaw.ai
JUDGMENT : Heard Mr. Victor L. Ralte, learned counsel for the petitioner alongwith Mr. C. Zoramchhana, learned Addl. Advocate General for the respondents. 2. This is an application filed under Article 226 of the Constitution of India for issuing the appropriate writ against the respondents. 3. The case of the petitioner is that the writ petitioners is a timber merchant by profession and he had purchased Gomari logs from private permit holders in Mizoram alongwith valid transit passes from Bairabi with effect from January 1999. 4. The writ petitioner had purchased as many as 5174 Gomari logs from private permit holders alongwith the transit passed issued by the competent authority. On 11.06.1999, the petitioner was directed to submit all the transit passed for Gomari logs under their custody by the Range Officer, Bairabi Forest Range, and he was also asked to submit his transit passes to the Range Officer. 5. In compliance with the direction the writ petitioner had submitted valid transit passes covering 5174 Gomari logs to the Range Officer, Bairabi Forest Range. A spot verification of the gomari logs purchased by the writ petitioner was conducted by the Divisional Forest Officer (Protection) on 13.5.1999 who had also requested the authorities concerned to released the said logs immediately as some of the logs were submerged by flood vide his report dated 13.5.1999. The Chief Conservator of Forest had then constituted a Committee to examine the logs and whether there was any violation of departmental proceedings. Thereafter, the writ petitioner submitted an application to the respondents for release of the Gomari logs purchased by him, which were duly marked and ready for transportation outside Mizoram. During this time, some of the logs were submerged in the flood and the logs were rotting and soaked. The Gomari logs were then kept inside the Bairabi Railway Yard and the petitioner was asked to pay approximately Rs.10,000/-per day as rent, which was paid by the petitioner for 2 (two) months. Thereafter, since, the Gomari logs were not released to the petitioner on some ground or the other, the petitioner had filed the instant writ petition for release of the Gomari logs and for return of the transit passes. 6.
Thereafter, since, the Gomari logs were not released to the petitioner on some ground or the other, the petitioner had filed the instant writ petition for release of the Gomari logs and for return of the transit passes. 6. During the pendency of the writ petition, this Court vide its order dated 11.11.1999 in CMA No.87/1999 had directed the respondent authorities to issue transit permit to the petitioner and allowed the transportation of 45% of the logs within a period of 70 days from the date of the said Order. The Court noted that the logs in question appears to have been felled from private gardens and the logs which were line at Bairabi Railway yard should be allowed to be transport as an interim relief, the State respondents should also issue necessary transit permit to the petitioner for the transportation of the 45 % logs. 7. This interim order, however could not be pursued due to the Civil Appeal No.3622 of 2000 filed by the State Government before the Hon’ble Supreme Court in which status quo was issued. The said Civil Appeal No. 3622 of 2000 was subsequently dismissed by the Hon’ble Supreme Court on 21.07.2017. Thereafter, the petitioner now represented by his son submitted a letter to the Environment Forest & Climate Conservation (EF&CC) Department for release of the 45% of the gomari logs which according to him way kept at the Bairabi Railway yard. The petitioner, was then informed that there was no Gomari Logs lying in the Bairabi Railway yard. The petitioner was informed to show the concerned officials of EF & CC Department, the exact location of such 45% of Gomari logs so that necessary action could be taken for issuing transit permit for such 45% of logs, in compliance with the order dated 11.11.1999 passed in CMA No.87 of 1999 arising out of W.P.(C) No.61/2019. However, it is reported that there is no Gomari logs presently lie in the Bairabi yard and thus 45% of the logs could not be identified for making measurement to unable the concerned department to issue the transit permit. It was also submitted that a High Power Committee was constituted by the Hon’ble Apex Court in T.N.Godavarman -Vs-Union of India reported in (1997) 3 SCC 312 and the logs have been confiscated and sold by the High Power Committee(HPC) 8. Mr.
It was also submitted that a High Power Committee was constituted by the Hon’ble Apex Court in T.N.Godavarman -Vs-Union of India reported in (1997) 3 SCC 312 and the logs have been confiscated and sold by the High Power Committee(HPC) 8. Mr. Victor L. Ralte, learned counsel for the petitioner submits that the present circumstances is that due to the lapse of many years after the order dated 11.11.1999 was issued vide CMA No.87/1999, the Gomari logs are no longer found in the Bairabi Railway yard and confiscated and disposed of by the HPC Committee, Environment Forest & Climate Change (EF&CC) department and the State Government. This was not possible for them to identify the 45% of Gomari logs to be released to them at this later stage. 9. The learned counsel for the petitioner thus submits that the instant writ petition in its present form and style is now infractuous and therefore may be closed. He has however prayed that he may be allowed to file afresh petition for regressal of his grievances. 10. Mr. C. Zoramchhana, learned counsel for the respondents submits that since the alleged seized Gomari logs are not longer found in the Bairabi Railway yard, this W.P.(C) has become infructuous and further in the instant W.P.(C) only the State Government has been made a party while the State Government only is not wholly responsible for any steps alleged to taken with respect to the alleged seized Gomari logs. 11. Having heard the learned counsel for both the parties, this court finds that since the mentioned Gomari logs alleged to be seized numbering 5174 nos. by the respondents and kept in the Bairabi Railway yard are no longer found in the said place. The instant Writ petition(C) No.61/1999 is for the release of the Gomari logs numbering 5174 nos. to the petitioners for transportation outside the State of Mizoram and for the release of transit passes, thus since Gomari logs are no longer found at Bairabi Railway yard, this Court finds that this writ petition in this stage has become infructuous and accordingly W.P.(C)No.61 of 1999 stands dismissed and disposed. 12. However, the petitioner, if he still feels is entitled to any relief whatsoever, may approach the appropriate forums afresh, if so advised. 13.
12. However, the petitioner, if he still feels is entitled to any relief whatsoever, may approach the appropriate forums afresh, if so advised. 13. On the dismissal of the instant Writ petition (C) No. 61/1999, the Contempt Case (C) No.12 of 2018 arising out of this Writ Petition also being infractuous stands dismissed and disposed.