CHANDAN BORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. D. Choudhury, learned counsel for the writ petitioner in WP(C) No. 5693/2015 and WP(C) No. 4214/2015 and Mr. M. Choudhury, learned counsel for the writ petitioner in WP(C) No. 19/2016. Also heard Mr. K. N. Choudhury, learned senior counsel, appearing for respondent No. 11 in WP(C) No. 5693/2015 and WP(C) 4214/2015 and also for respondent No. 7 in WP(C) No.19/2016. Mr. R.K. Bora and Mr. P.K. Bora, learned standing counsel, Forest, appearing for respondent Nos.4, 6, 5, 6, 7, 8, 9, 10 in WP(C) No. 5693/2015 and WP (C) 4214/2015 and also for respondent Nos. 3, 4, 5, 6 in WP(C) No. 19/2016 as well as Mr. S.C. Keyal, learned Assistant Solicitor General of India, appearing for respondent Nos.1, 2 and 3 in WP(C) No.5693/2015 and WP(C) No. 4214/2015 and also for respondent Nos.1 and 2 in WP(C) No.19/2016 are also heard.

(2.) WP(C) No.5693/2015 and WP(C) No.19/2016 raise identical questions of law and facts and reliefs claimed are also similar. WP(C) No.4214/2015 was earlier filed by the petitioner in WP(C) No.5693/2015. However, because of subsequent developments, WP(C) No.5693/2015 was filed and at the very outset, learned counsel for the petitioner in WP(C) No.5693/2015 and WP(C) No.4214/2015 submits that WP(C) No.4214/2015 has been rendered infruc-tuous. WP(C) No.5693/2015 is filed by a registered Society comprising of members who are settlement holders and/or otherwise engaged in the business of sand/stone mahal. Writ petitioner in WP(C) No.19/2016 is engaged in the business of mining of minor minerals and other ancillary businesses and participates in tender processes as and when tenders are issued by the Department of Environment and Forest for settlement of sand and other quarries.

(3.) The respondents in WP(C) No.19/2016 are also respondents in WP(C) No.5693/2015. In addition, some more respondents in the Departments concerned are also arrayed. In that sense, parties, factual matrix and reliefs prayed for being more or less identical, learned counsel for the parties submit that they will address their arguments on the basis of pleadings in respect of WP(C) No. 5693/2015. Accordingly, arguments have been heard on that basis and the present judgment is delivered with reference to pleadings and parties in WP(C) No.5693/2015.