WP(C) 8155/2003 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. 2,20,616/- 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 o f power and also in view of the efflux of time since the issuance of the said Of fice Memoranda, the same cannot be interfered with. Writ petition is dismissed.