MONA GOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution projected against the order No. FRS/308/ 81/39A dated 3-3-1982 passed by the Governor of Assam setting aside the settlement of a forest coupe in favour of the petitioner and settling "the coupe" in favour of Respondent No.5.

(2.) THE petitioner, a young man, hoped to start his independent career as a forest contractor. When the Divisional Forest Officer, Digboi, for short "the D. F. O." invited tenders for various coupes including the Coupe designated as UDR(WB)PW Coupe No. 2/123 of 1980-81 (1979-80) he submitted his tender for "the coupe", there were other tenderers and on scrutiny of the tenders the primary authority provisionally settled "the coupe" with him and issued work order No. 09/209/5-97 dt/ 5-2-1982, forthwith he commenced operation of the coupe, felled the marked trees Nos. 22, 23, 24. 29, 30, 32, 33, 42 that is, 8 trees in all. These are all Holong trees "with standing volume of 60.00 M3". The petitioner has stated that for the operation he had to spend money, build camps, repair roads, engage elephants, trucks and persons required for felling, sawing and cutting-necessary for the work. On 8-2-1982 he received a letter from the Range Officer that the settlement granted in his favour had been stayed by the Government. The stay under was passed in the appeal preferred by respondent No. 5 under Rule 9 (b) of the Assam Sale of Forest Produces, Coupes and Mahals Rules, 1977, for short "the Rules."

(3.) BE that as it may, the appeal preferred by respondent No.5 was upheld, the order of settlement was set aside and respondent No. 5 was settled with "the coupe". The order was passed on 2-3-82. So, the appellate order of settlement in favour of respondent No. 5 was in respect of the then existing "coupe".