HABIBAR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. T.C. Chutia, learned State counsel, appearing for the respondent Nos.1 to 5. This case was heard-in-part on 24.1.2017 and, on that day, Ms. P. Bhattacharyya, learned counsel appearing for the respondent Nos. 6 to 8, had appeared. Today, Mr. D. Das, learned counsel appears for respondent Nos. 6 to 8.

(2.) Sale notice in respect of NKD-B-6 Bandarkhowa Mining Contract Area was issued on 21.8.2013, for a period of 7 years, for the Years 2014-2021 and award of settlement was also made in favour of one Madhusudan Sutradhar and he had surrendered the mining contract area on 25.11.2014. In respect of NKD-B-5 Shahpur Mining Contract Area, sale notice was issued on 21.8.2013 for a period of 7 years, for the Years 2014-2021 and award of settlement was also made in favour of one Khandaker Jiyaur Rahman. He also surrendered the mining contract area by submitting application on 25.11.2014. In view of aforesaid developments, a resale notice dated 23.12.2014 was issued by the Divisional Forest Officer, North Kamrup Division, Rangia under the provisions of Rule 32(1) and 33(1) of the Assam Minor Mineral Concessions Rule, 2013 (for short, "2013 Rules").

(3.) The petitioner No.1 had submitted tender for NKD-B-5 Shahpur Mining Contract Area and the petitioner No.2 for NKD-B-6 Bandarkhowa Mining Contract Area. The tenders were to be received up to 16.01.2015 and the notice for resale was pasted in the Office Notice Board on 23.12.2014. Notices were published on 13.01.2015 in 'The Sentinel', an English daily and in 'Janasadharan', an Assamese daily. By filing an additional affidavit, the petitioner has also brought on record the fact that the resale notice was published on 10.01.2015 in 'Eastern Chronicle', an English Daily and also in the Assamese Daily 'Gana Sangbad'. It is averred that the petitioners were the highest successful bidders in respect of the particular Mining Contract Areas for which they had respectively submitted their tenders. However, as settlement was not offered, the petitioners approached this Court by filing a writ application under Article 226 of the Constitution of India, which has registered as WP(C) No.3847/2016 and the said writ petition was disposed of by an order dated 22.07.2016. During the pendency of the writ petition, the respondent authorities initiated the process for resale of the aforesaid 2 (two) Mining Contract Areas and accordingly, letter dated 15.07.2016 was issued by the Additional Principal Chief Conservator of Forests (P) to the Principal Chief Conservator of Forests (T), Lower Assam Zone to put the Mining Contract Areas for resale.