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GAHC010080902026

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THE GAUHATI HIGH COURT

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

Case No. : WA/136/2026

MANTU NATH BORO

S/O. KULEN NATH BORO, R/O. VILL.- OUGURI, P/O. GORESWAR, DIST.

BAKSA, ASSAM, P/O. GORESWAR, DIST. BAKSA, ASSAM, PIN-781364

VERSUS

1: THE BODOLAND TERRITORIAL COUNCIL AND 5 ORS. REPRESENTED

BY THE PRINCIPAL SECRETARY, BODOLAND TERRITORIAL COUNCIL

(BTC), BODOLAND SECRETARIAT COMPLEX, BODOFA NWGWR,

KOKRAJHAR- 783371

2:THE SECRETARY BODOLAND TERRITORIAL COUNCIL (BTC)

ENVIRONMENT AND FOREST DEPARTMENT BODOLAND SECRETARIAT

COMPLEX BODOFA NGGWR KOKRAJHAR-783371 ASSAM.

3:THE ADDITIONAL CHIEF CONSERVATOR OF FOREST CUM CHD

BODOLAND TERRITORIAL COUNCIL KOKRAJHAR-783371.

4:THE DIVISIONAL FOREST OFFICER BAKSA FOREST DIVISION

DEPARTMENT MUSHALPUR BTR BAKSA-781372.

5:THE EXECUTIVE MEMBER BODOLAND TERRITORIAL COUNCIL

BODOFA NWGWR KOKRAJHAR-783371

6:SRI MUKUT NAZARY

S/O. SRI HARKANTA NAZARY R/O. VILL. AND P/O. NIZ-DEFELI

DIST. TAMULPUR PIN-78136

For the Appellant(s) : Mr. B.D. Das, Sr. Advocate, assisted by Mr. R. Majumdar, Advocate.

For the Respondent(s) : Ms. B. Bhuyan, Sr. Advocate/Standing Counsel, BTC, assisted by Ms.

R. Das, Advocate for respondent Nos.1 to 5.

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B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

08.05.2026

(Ashutosh Kumar, CJ)

We have heard Mr. B.D. Das, learned Senior Advocate, assisted

by Mr. R. Majumdar, learned Advocate for the appellant and Ms. B.

Bhuyan, learned Senior Advocate for Bodoland Territorial Council (BTC),

assisted by Ms. R. Das, learned Advocate for the respondent Nos.1 to 5.

The Divisional Forest Officer, Baksa Forest Division had issued a

Notice Inviting Tender (NIT) on 25.08.2025 for settling Barnadi Sand Mahal

No.12 for sand mining contract period for 7(seven) years from 2025 to

2032.

The appellant had participated in an open bidding process and

had been adjudged as the highest bidder. Consequently, his bid was

recommended by the Bid Committee and ultimately approved by the

Secretary, BTC and formally communicated by the Additional Principal

Chief Conservator of Forest-cum-Council Head of the Department, BTC,

Kokrajhar on 03.11.2025, with specific direction to complete the

settlement as per the provisions of the Assam Minor Minerals and

Concession Rules, 2013.

To the utter surprise of the appellant, instead of issuing the formal

work order, one Executive Member of the BTC issued a letter dated

12.11.2025 addressed to the Additional Principal Chief Conservator of

Forest-cum-Council Head of the Department, BTC, Kokrajhar directing for

cancellation of the approval granted to the petitioner’s bid and

reprocessing the tender to allot the Mahal to one Mukut Narzary

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(respondent No.6), who had not even participated in the original

bidding.

The writ petition preferred by the appellant challenging the

cancellation was dismissed on the ground that the Assam Minor Mineral

Concession (Amendment) Rules, 2018 mandates an e-auction and that

vide a subsequent resolution dated 09.12.2025 of the Executive Council

of the BTC, an e-auction for all such settlements was issued.

In any case, before the issuance of tender via e-auction, the

concessionaire ought not to have been selected.

The further contention of the appellant is that the NIT, in which

the appellant had participated and had come out successful, was issued

much earlier than the Executive Council’s decision and at that time, there

was no compulsion of putting every work through e-auction. The process

of floating the NIT was based on the then applicable Rules. In that case,

once the approval had been granted, there was no necessity of

cancelling the same and putting the work to e-auction. This is the second

limb of challenge of the appellant.

Mr. Das, learned Senior Advocate for the appellant has further

argued that the change in the Rules had to be published before it could

have been applied under which the earlier NIT was cancelled and the

Mahal was subjected to e-auc