BABUL CHANDRA DEY @ ASHIT CHANDRA DEY Vs. STATE OF ASSAM THROUGH- THE SECRETARY TO THE GOVERNMENT OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. R. Mazumdar, learned counsel for the appellants. Also heard Mr. S. Biswas, learned Standing Counsel, Forest Department appearing for the respondents.

(2.) This intra-court appeal is directed against the order dated 02.05.2019 passed in WP(C) No.949/2019 dismissing the writ petition filed by the appellants and also imposing a cost of Rs. 5,000/-.

(3.) It is the case of the appellants that the appellants, along with two others including one Smti. Pompa Endow had applied to the Principal Chief Conservator of Forests, Assam for grant of Forest Trade Permit under Assam Minor Mineral Concessions Rule, 1994 (for short, "the 1994 Rules"), for the purpose of extracting stone from a quarry called 'Baleswar Stone Quarry', which is under Kalain Range of Karimganj Forest Division. Consequent thereto, each of the appellants were allowed to extract 2500 cubic meters of stone on 30.01.2007 (date is wrongly recorded in the writ petition at Paragraph 2, should have been 03.01.2007) on payment of forest royalty at the rate of Rs. 170/- per cubic meter for issuance of formal order. The fixation of royalty at the rate of Rs. 170/- per cubic meter was the subject matter of dispute in WP(C) No.769/2007. The said writ petition was disposed of on 10.10.2007.