DHANBOR GOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Art.226 of the Constitution directed against the order dated 7-10-1986 passed by the Government of Assam rejecting the prayer of the petitioner to extend the term of Sand Mahal No. 2 under Doomdooma Division settled with the petitioner under the Assam Sale of Forest Produce (Coupes and Mahals) Rules, 1977 for short "the Rules."

(2.) We have heard Mr. A.C. Borbora, learned counsel for the petitioner at length and also heard Mr. P. Prasad, learned Senior Government Advocate, Assam.

(3.) The factual matrix may be summed up as follows : In pursuance to notice calling for tenders for sale of Sand Mahal No. 2 under Doomdooma Division for the year 1982-84 the petitioner submitted his tender and offered Rs. 3,01,593.00. His tender was accepted and the Sand Mahal was settled with him for a set settlement period commencing from June 16, 1984 to June 15, 1986. The petitioner operated the sand mahal for the entire period. However, before the expiry of the period of settlement, i.e. on 14-5-86, he filed an application to the Government under Rule 21(1) of "the Rules" praying for extension of the tenure of the settlement. We extract the provisions of R.21(1) of "the Rules".