WP(C) 8154/2003 BEFORE THE HON’BLE JUSTICE MR B.K. SHARMA Heard Mr. J. Bharti, learned counsel for the petitioner as well as Ms. R . Chakraborty, learned State Counsel. The petitioner while challenging the Office Memoranda dated 25.5.95 and 24-6-97, issued by the Govt. of Assam, in the Forest Department, granting the benefit of 3% commission, made applicable to 4 (four) suppliers from 1-1-1992 and for the rest of the suppliers in general from 1-11-1993, has prayed for similar benefit by way of refund of Rs. 1,27,137/- on account of reduction in the rate of commis sion. Such benefit was given to the four suppliers who had supplied timbers as p er DGS & D orders. On the other hand, the supply made by the petitioner was not within the period of consideration and thus there is no question of refunding th e said amount. The particular policy decision was taken by the Govt. in the Fore st Department. In absence of projection of any malafide and colourable exercise of power and also in view of the efflux of time since the issuance of the said O ffice Memoranda, the same cannot be interfered with. Writ petition is dismissed.