JAYDEEP GOALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P Mahanta, learned counsel for the petitioner. Also heard Mr. D Gogoi, learned standing counsel for the Environment and Forest Department and Mr. K Gogoi, learned CGSC for the respondent No. 4.

(2.) The petitioner has inter alia assailed a speaking order dtd. 26/4/2022 passed by the respondent no. 2 whereby the application submitted by the petitioner for renewal of the mining contract in respect of the mining contract area viz. "Chiri River Minor Mineral [Stone] Unit-2" ['the Mining Contract Area', for short] has not been considered and a decision has been taken to put the said Mining Contract Area into a fresh E-auction sale. The petitioner has also assailed a Long E-auction Notice published by the respondent no. 4 on 29/4/2022 whereby, online bids have been invited to settle the same Mining Contract Area under the provisions of the Assam Minor Mineral Concession Rules, 2013 ['the 2013 Rules', for short].

(3.) The petitioner earlier approached this court by filing a writ petition being WP(C) 919/2022 assailing an NIT dtd. 8/1/2022 and corrigendum dtd. 7/2/2022 for fresh settlement of the mine in question. The further challenge was an order dtd. 19/1/2022, whereby the petitioner was asked to remove his men and machinery from the mining site at the end of kist period i.e. on 16/2/2022. The said writ petition was disposed by an order 11/2/2022 by waiving the period of 18 months ( prior to expiry of an existing contract) prescribed under Rule 19(1) of the 2013 Rules for seeking renewal of contract with a further direction to the competent authority, i.e. the respondent No. 2 to consider the application of the petitioner for renewal within the parameter prescribed under Rule 19 and Rule 20 of the 2013 Rules. It was further provided in the said order that till the disposal of the application for renewal, tender process initiated by E-auction notice dtd. 8/1/2022 in respect of the Mining Contract in question shall not be given effect to.