KOREN HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Kakati, learned counsel for the petitioner and Ms. D. Das Barman, learned Govt. Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of communication dated 10.11.2010 of the Deputy Secretary to the Govt. of Assam, Environment and Forest Department rejecting the prayer of the petitioner for exemption from payment of arrear dues and also to exempt him from Bakijai proceedings.

(3.) From the pleadings and documents placed on record, it is seen that pursuant to sale notice dated 06.07.2004 issued by the Divisional Forest Officer, Jorhat, the Saraipani Sand Mahal was settled with the petitioner for the period from 03.10.2004 to 02.10.2006 at the settled value of Rs.2,34,30.00. In this connection, an agreement was entered into between the petitioner and the Divisional Forest Officer as per which petitioner was entitled to extract 2000 cubic meter of sand. However, settlement amount was required to be paid in 8 equated kist installments @ Rs.29,250.00. Additionally, petitioner was required to deposit security money of Rs.14,625.00 and sales tax of Rs.20,000.00.