MC 3272/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. A C Buragohain, learned counsel appearing for the applicant (the DFO, Dibrugarh). The Forest Officer seeks recall of the interim order dated 10.9.2009 in W P (C) No.3882/09, whereby the writ petitioner as well as the respondent No.5 have been restrained from operating the Sand Mahal No.19(B). It is submitted by Mr. Buragohain that the Mahal was put to risk sale due to def ault of the settlement holder (writ petitioner) to pay the requisite Kist money and although the bid of the private respondent No.5 was accepted in pursuant to the risk sale notice, because of the interim order of the Court, the Mahal is ly ing idle and no revenue is earned by the Government. Having considered the issues raised by the applicant and the failure of the writ petitioner to appear in the Court, I am of the view that this application deser ves consideration. Accordingly the interim order dated 10.9.2009 stand recalled. The State is permitted to operate the Mahal through the settlement holder, whos e bid was accepted in pursuant to the Risk Sale Notice. The Misc. Case stands allowed accordingly by modifying the interim order dated 1 0.9.2009.