GAHC010014032018 2025:GAU-AS:16980

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/480/2018

ABDUR RAHIM

VILL- NEPALIKHUTI (NOLDOBA)

P.O. AND P.S. MORNOI, DIST- GOALPARA, ASSAM, PIN-783101

VERSUS

THE STATE OF ASSAM

TO BE REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF

ASSAM, ENVIRONMENT AND FOREST DEPTT., DISPUR, GHY-6

2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST

ASSAM

REHABARI

GHY-8

3:THE CONSERVATOR OF FORESTS

CENTRAL ASSAM CIRCLE

GHY-1

4:THE DIVISIONAL FOREST OFFICER

GOALPARA AND P.O. AND DIST. GOALPARA

ASSAM

PIN-783101

5:THE RANGE FOREST OFFICER

GOALPARA RANGE

P.O. AND DIST- GOALPARA

ASSAM

PIN-783101

6:THE DEPUTY COMMISSIONER

GOALPARA (BAKIJAI BRANCH) P.O. AND DIST- GOALPARA

ASSAM PIN-783101

7:THE ADDL. DEPUTY COMMISSIONER-CUM-CERTIFICATE OFFICER (BAKIJAI BRANCH)

OFFICE OF THE DEPUTY COMMISSIONER GOALPARA P.O. AND DIST. GOALPARA ASSAM PIN-78310 Advocate for the Petitioner : MR. A S TAPADER, MR. D HUSSAIN,MR. A M ALAMAN,MR. M RAHMAN,MS. C M DEKA Advocate for the Respondent : GA, ASSAM, MR. R R Gogoi, SC, Envrnmt & Forest Dept.

:::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE Date on which judgment is reserved : 02.12.2025 Date of pronouncement of judgment : 09.12.2025 Whether the pronouncement is of the operative of the judgment? : No Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER (CAV)

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 warrant of arrest will be issued against him.

3. The Divisional Forest Officer, Goalpara put up a sale notice in the year 2003 for the Domoni River Sand Mahal for the period of 2 (two) years from 2003 to 2005. The petitioner, being eligible, participated in the sale process by submitting his tender. Having found that the petitioner has not submitted Income Tax and Sale Tax Clearance Certificate, which is a mandatory requirement under the Assam Sale of Forest Produce, Coupes and Mahal Rules, 1977 (herein after “the Mahal Rules, 1977”, in short), the Divisional Forest Officer, Goalpara, directed the petitioner to submit the said certificates, which was submitted subsequently by the petitioner. Thereafter, the Divisional Forest Officer, vide letter dated 31.07.2003, informed the petitioner that the Domini River Sand Mahal for 2003 to 2005 is settled with him at his offered value of Rs. 2,81,000/- (Rupees two lakhs eighty one thousand) only for 2 (two) years against 5000 cubic metres from the date of issuance of the letter and directed st the petitioner to deposit the security amount and 1 Kist of the Mahal within 7 (seven) days and to sign the agreement and in the event of failure to deposit the security money and Kist, Mahal will be put to Risk Sale at the risk of the petitioner as per the condition of relevant sale notice.

4. On receipt of the settlement letter, the petitioner submitted representation dated 30.10.2003 to the Chief Conservator of Forest, Guwahati, praying for reduction of the quantity by 50% as in the nearest 2 Mahals, the quantity does not exceeds 1000 Cubic Metre annually and the other Mahals were settled with the less quantity, but in respect of Domini Sand Mahal, the quantity is 2500 Cubic Metre annually. The petitioner neither deposited the security amount and kist nor signed the agreement.

5. The Divisional Forest Officer, Goalpara, vide letter dated 15.11.