ASSAM AND NAGALAND HIGH COURT
K. C. SEN, J
Mahendra Nath Pathak v. State
| Table of Content |
|---|
| 1. the case involves a tenders settlement concerning sand extraction. (Para 1 , 2) |
| 2. discussion on the definition of forest produce and application of statutory rules. (Para 3 , 4 , 5 , 6) |
| 3. court examines arbitrary discrimination based on insufficient evidence of tribal membership. (Para 7 , 8 , 9 , 10) |
| 4. final ruling to reinstate the petitioner's settlement. (Para 11) |
1. This is a writ petition. The petitioner's case is that the Divisional Forest Officer, Nowgong by a notification dated 20-2-68 called for sealed tenders for working the Lumding Sand Mahal No. 1 on royalty cum monopoly basis. The petitioner and five others including opposite party No. 5 Shri Upendra Nath Khamphri submitted tenders and the petitioner offered the highest bid. Opposite party No. 5 was offered to accept the settlement at the highest bid but he did not accept the offer. Then the settlement was made with the petitioner by the Conservator of Forests. Three appeals were filed before the Government against the settlement and the Government set aside the settlement made by the Conservator of Forests and settled the Mahal with the opposite party No. 5. This petition has been filed against the s
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