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1991 Supreme(Gau) 173

U.L.BHAT, B.P.SARAF
Tarwn Bharali – Appellant
Versus
State of Assam and Others – Respondent


Advocates Appeared:
A.S.Choudhury, D.Das, D.P.Chaliha, M.Dev, P.B.Majumdar, S.Deka

U. L. Bhat, C. J.-

Anniguri Sand and Stone Mahal was settled with the petitioner in 1986 for a period of three years which was later extended to 27.9.91. For the period from 1991-93 the authority com­petent published tender notice inviting tenders. The notice was pub­lished on 2.7.91, the last date of receipt of tender was fixed as 18.7.91. On 18.7.91 the Minister of State, Govt. of Assam dealing with Forest sent W. T. Message (Annexure-C) to the Officer conce­rned directing stay of the tender process in this case until further orders. Annexure-D dated 24.7.91 is a W. T. Message sent by the Commissioner and Secretary of the Govt. of Assam to all Forest Officers suspending settlement of forest mahal on account of foul play and the flood situation. On 27.9.91 the fourth respondent submitted an application to the Government requesting for private settlement of this quarry to him. By Annexure-E letter dated 3.8.91 the Gov­ernment forwarded the same to the Officer concerned for a detailed report. These developments persuaded the petitioner to file this writ petition praying for a writ of Mandamus quashing Annexures-C, D and E,

2. We have heard the learned counsel for the petitioner, the f



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