Gauhati High Court
WP(C)/4773/2024 of M/S TRIO STONEY MART Vs THE STATE OF ASSAM AND ORS on 28 April 2026
GAHC010191852024 2026:GAU-AS:5899 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4773/2024 M/S TRIO STONEY MART A REGD. PARTNERSHIP FIRM HAVING ITS HEAD OFFICE AT GANDHI BASTI TINIALI, LALMATI ROAD, BYRE LANE NO-1, H.NO-14, P.O- SILPUKHURI,
GAHC010191852024
2026:GAU-AS:5899
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4773/2024
M/S TRIO STONEY MART
A REGD. PARTNERSHIP FIRM HAVING ITS HEAD OFFICE AT GANDHI
BASTI TINIALI,
LALMATI ROAD, BYRE LANE NO-1, H.NO-14,
P.O- SILPUKHURI,
P.S- CHANDMARI, GUWAHATI-03, KAMRUP (M), ASSAM, REP. BY ITS
AUTHORIZED PARTNER ABDUL LATIFUR RAHMAN, S/O- LATE DR. DHANSA ALI
VERSUS
THE STATE OF ASSAM AND ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT
DISPUR, GUWAHATI-6
2:THE SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
DISPUR
GUWAHATI-06.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
AND HEAD OF FOREST FORCE
ASSAM
ARANYA BHAWAN
PANJABARI
GUWAHATI-37
4:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS
(T)
LOWER ASSAM ZONE
BASISTHA GUWAHATI-29
KAMRUP (M)
ASSAM
5:THE CHIEF CONSERVATOR OF FORESTS
SOUTHERN ASSAM ZONE
SILCHAR-1
CACHAR
ASSAM
6:THE DIVISIONALFOREST OFFICER (T)
KARIMGANJ DIVISION
DHARAKUNA
KARIMGANJ-788712
DIST- KARIMGANJ
ASSAM
7:THE MANAGING DIRECTOR AMTRON
BAMUNIMAIDAM
GUWAHATI-21
KAMRUP (M)
ASSAM
8:THE MEMBER SECRETARY
STATE LEVEL ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY
(SEIAA)
BAMUNIMAIDAM
GUWAHATI-21
KAMRUP (M)
ASSA
For the Petitioner(s) : Mr. T.J. Mahanta, Sr. Advocate Mr. N. Alam, Advocate For the Respondent(s) : Mr. R.R. Gogoi, Standing Counsel BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 29.04.2026
Heard Mr. T.J. Mahanta, the learned Senior Counsel assisted by Mr. N. Alam, the learned counsel appearing on behalf of the petitioner. Mr. R.R. Gogoi, the learned Standing Counsel appears on behalf of the respondent Nos. 1 to 6.
2. The petitioner herein is aggrieved by the termination of the mining contract in respect to the Kalain Minor Mineral Stone Unit No. 2. It is the case of the petitioner that, pursuant to such termination, the petitioner filed an appeal on 16.05.2024 before the respondent No. 3. It is the further case of the petitioner that on one hand, the respondent No. 3 has not passed any effective order on the said appeal, and on the other hand, the petitioner continues to suffer on account of the alleged illegal termination. Under such circumstances, the petitioner has approached this Court by filing the present writ petition.
3. Mr. T.J. Mahanta, the learned Senior Counsel appearing on behalf of the petitioner submitted that on an earlier occasion when the appeal was filed, the petitioner was informed by the office of the respondent No. 3 that the appeal would be taken up for hearing only upon deposit of an amount of Rs. 51,19,466/-. Under such circumstances, the petitioner had to approach this Court on account of such illegal demand for hearing the statutory appeal.
4. It is seen that during the course of the present proceedings, the Divisional Forest Officer, Karimganj Division, has apprised this Court that the appeal would be heard upon deposit of an amount of Rs. 2,87,008/-.
5. The learned Senior Counsel for the petitioner submitted that the petitioner is willing to deposit the said amount of Rs. 2,87,008/-, and prays for a direction to the respondent No. 3 to dispose of the appeal as expeditiously as possible, preferably within a period of 30 (thirty) days.
6. Taking into account the said submission, and more particularly the fact that an appellate remedy is available, this Court is of the opinion that the petitioner ought to be relegated to the appellate authority for adjudication of the appeal filed on 16.05.2024, subject to deposit of the amount of Rs. 2,87,008/-.
7. Accordingly, the instant writ petition stands disposed of with the following observations and directions:
(i) The appeal filed by the petitioner on 16.05.2024 challenging the alleged illegal termination order dated 13.03.2024 shall be considered by the respondent No. 3, subject to the petitioner depositing an amount of Rs. 2,87,008/-. The said deposit shall be made within a period of 7 (seven) days from today.
(ii) This Court further directs that, upon receipt of the said amount of Rs. 2,87,008/-, the respondent No. 3 shall decide the appeal in accordance with the applicable rules and regulations, as expeditiously as possible, and preferably within a period of 2 (two) months from the date of such deposit.
(iii) This Court further directs that while deciding the Appeal by the respondent No. 3, the petitioner be afforded a personal hearing.
(iv) No costs.
JUDGE Comparing Assistant