Gauhati High Court
WP(C)/539/2022 of M/S TRISHUL TRADERS AND ANR Vs THE STATE OF ASSAM AND 3 ORS on 13 May 2026
GAHC010013042022 2026:GAU-AS:6767 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/539/2022 M/S TRISHUL TRADERS AND ANR A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT WARD NO. 5, P.O. AND P.S. BILASIPARA, DIST.- DHUBRI, ASSAM, PIN-
GAHC010013042022
2026:GAU-AS:6767
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/539/2022
M/S TRISHUL TRADERS AND ANR
A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT WARD NO. 5, P.O. AND P.S. BILASIPARA, DIST.- DHUBRI, ASSAM, PIN- 783348.
2: MAL CHAND LALANI
S/O- LATE BAKSHIRAM LALANI
R/O- WARD NO. 8
BILASIPARA
P.S. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348. (PARTNER OF M/S TRISHUL TRADERS)
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
FOREST FORCE
ASSAM
PANJABARI
GUWAHATI-37.
3:THE DIVISIONAL FOREST OFFICER
DHUBRI DIVISION
DHUBRI.
4:THE SUB-DIVISIONAL OFFICER (CIVIL)
BILASIPARA SUB-DIVISION (BAKIJAI BRANCH)
BILASIPARA
For the Petitioner(s) : Mr. J. Sarmah, Advocate For the Respondent(s) : Mr. R.R. Gogoi, Standing Counsel BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 14.05.2026
Heard Mr. J. Sarmah, the learned counsel appearing on behalf of the petitioners and Mr. R.R. Gogoi, the learned Standing Counsel appears on behalf of the Forest Department of the Government of Assam.
2. The present writ petition has been filed by the petitioners challenging the communication dated 20.08.2018 issued by the Divisional Forest Officer, Dhubri Division, whereby the petitioners were requested to make payment of the outstanding amount of Rs. 6,05,502/- on or before 15.10.2018.
3. It is the specific case of the petitioners that the petitioners were granted the contract settlement for a period of 5 (five) years w.e.f. 22.07.2011 to 21.07.2016. Under such circumstances, the petitioners cannot be made liable to pay the Mines & Minerals Development, Restoration and Rehabilitation
Fund (for short, “MMDRR Fund”) in terms with Rule 59 of the Assam Minor Minerals Concession Rules, 2013 (for short, “the Rules of 2013”), inasmuch as the said Rule came into force subsequent to the grant of the settlement in favour of the petitioners.
4. In the opinion of this Court, the said submission appears to be misconceived, taking into account Rule 79 of the Rules of 2013 which specifically provides in the proviso to Rule 79(2) that wherever the terms and conditions of any mineral concession granted before the Rules of 2013 are inconsistent with or repugnant to the Rules of 2013, the same shall be deemed to have been modified in accordance with the Rules of 2013 from the date of notification thereof.
5. Taking into account the above, the non-mentioning of the requirement for payment towards the MMDRR Fund in the settlement made in favour of the petitioners would stand modified by virtue of the proviso to Rule 79(2) of the Rules of 2013, thereby including the requirement in terms with Rule 59 of the Rules of 2013.
6. In view of the above, this Court does not find any good ground for interfering with the impugned communication dated 20.08.2018. Accordingly, the writ petition stands dismissed.
7. The interim order passed earlier stands vacated.
JUDGE Comparing Assistant