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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Kardak Ete
Abdur Rahim – Appellant
Versus
State Of Assam To Be Rep. By Commissioner And Secretary To The Govt. Of Assam, Environment And Forest Deptt. – Respondent
| Table of Content |
|---|
| 1. failure to execute agreement leads to recovery actions. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's arguments on non-execution of agreement. (Para 9 , 10 , 11 , 12 , 13) |
| 3. court's critical view on procedural adherence. (Para 14 , 15 , 20 , 21 , 22 , 30) |
| 4. conditions for valid recovery under the mahal rules. (Para 17 , 27 , 29 , 31) |
| 5. impugned communication set aside due to improper procedure. (Para 33 , 34) |
JUDGMENT :
Kardak Ete, J.
Heard Mr. A. S. Tapader, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel Forest Department, for respondent Nos. 1 to 5 and Mr. B. J. Talukdar, learned Additional Senior Government Advocate for the State respondent Nos. 6 & 7.
2. Challenge made in this writ petition is to the communication dated 26.05.2025, issued by the Certificate Officer, Office of the Deputy Commissioner, Goalpara, whereby an outstanding government dues amounting to Rs. 3,51,200/- (Rupees three lakhs fifty one thousand two hundred) only has been sought to be recovered from the petitioner and thereby directed to deposit the said amount, failing which the movable and immovable property of the petitioner shall be attached and warr
No dues are recoverable under the Assam Sale of Forest Produce and related rules when no agreement is executed and proper procedural norms for recovery are not followed.
Rule 18 of the Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967 is to be interpreted strictly and only applies to amounts due under the Rules themselves, and not to amounts c....
The corporation, acting as an agent of the government, is entitled to recover dues under the BPDR Act as government dues.
Non-compliance with the requirement to deposit the remainder of the purchase money within the specified time renders the auction sale a nullity.
The Zila Panchayat cannot recover contractual amounts as arrears of land revenue; such recovery must follow statutory provisions under the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961.
Failure to comply with mandatory statutory provisions requiring the immediate deposit of a percentage of the auction sale price results in the forfeiture of the purchaser's claims. Such failures cann....
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