Gauhati High Court
WP(C)/6697/2024 of JOYJIT HOJAI Vs THE STATE OF ASSAM AND ORS on 13 September 2026
GAHC010267182024 2026:GAU-AS:13491 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6697/2024 JOYJIT HOJAI S/O ROTENDRA HOJAI, RESIDENT OF MIYUNGKRO, PO AND PS HARANGAJAO, DIST DIMA HASAO, ASSAM 788819 VERSUS THE STATE OF ASSAM AND ORS
GAHC010267182024
2026:GAU-AS:13491
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6697/2024
JOYJIT HOJAI
S/O ROTENDRA HOJAI,
RESIDENT OF MIYUNGKRO,
PO AND PS HARANGAJAO, DIST DIMA HASAO, ASSAM 788819
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI 78106, DIST KAMRUP M ASSAM
2:NORTH CACHAR HILL AUTONOMOUS COUNCIL
REPRESENTED BY ITS PRINCIPAL SECRETARY (N) HAFLONG
DIMA HASAO 788819
3:THE FOREST DEPARTMENT
NORTH CACHAR HILLS AUTONOMOUS COUNCIL
REPRESENTED BY ITS CHIEF CONSERVATOR OF FOREST
HAFLONG
DIMA HASAO
788819 ASSAM
4:THE DIVISIONAL FOREST OFFICER
DIMA HASAO FOREST DIVISION (WEST) NORTH CACHAR HILLS
AUTONOMOUS COUNCIL
HAFLONG
DIMA HASAO
788819
5:THE RANGE FOREST OFFICER
HARANGAJAO RANGE
DISTRICT DIMA HASAO
788818 ASSA
Advocate for the Petitioner : MR. M MORE, MR. A BORPUZARI,MR. P K SHARMA
Advocate for the Respondent : SC, FOREST, SC, N C HILLS
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
Date : 14.09.2026
1. None appears for the petitioner on call. Though Mr. RM Das, learned standing counsel, Dima Hasao is present.
2. The petitioner is a permit holder for extraction of 2,00,000 m3 of boulders from the Jatinga River under the Harangajao Range. The further claim of the petitioner is that such permit is under the Unclassed State Forest (USF) area and has been extended up to 30.12.2024 and he has extracted 85,825 m3 of boulders and is 1,14,175 m3 of boulders still remains to be extracted.
3. According to the petitioner, the Range Forest Officer arbitrarily refused to accept the advance royalty payment required for further extraction. His representation has also not been redressed.
4. On the other hand, the authorities has justified such action primarily on the ground that on 23.07.2024, the National Green Tribunal, Eastern Zone Bench, Kolkata in original application No.86/2024/EZ, stayed the mining activities in respect of minor minerals in the district of Goalpara, Lakhimpur and such other districts which do not have duly approved District Survey Report.
5. It is fairly contended that in respect of Dima Hasao, at that point of time, there was no duly approved District Survey Report and for the aforesaid report, the mining was halted.
6. Be that as it may, the period of permit which was only extended up to 30.12.2024, had already expired and therefore, no surviving cause of action for extraction exists.
7. Accordingly, the writ petition stands dismissed being infructuous.
JUDGE Comparing Assistant