Page No.# 1/3 vs The State Of Assam And 9 Ors
2021 Latest Caselaw 269 Gua

                                                                   Page No.# 1/3

GAHC010170082016




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/2246/2016

         GOPESH DAS and ANR
         S/O LT. BICHITRA DAS, REP. BY HIS CONSTITUTED ATTORNEY, SRI RANJIT
         DUTTA, PETITIONER NO. 2 BELOW, VILL. GHARMURA FOREST VILLAGE,
         PART-I, P.O. GHARMURA-788162, DIST- HAILAKANDI, ASSAM

         2: RANJIT DUTTA
          S/O LT. RASHIK LAL DUTTA
         VILL. GHARMURA FOREST VILLAGE
          PART-I
          P.O. GHARMURA-62
          DIST- HAILAKANDI
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 9 ORS
         REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, FOREST DEPTT.,
         DISPUR, GHY-6

         2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
         ASSAM
          REHABARI
          GHY-8

         3:THE CHIEF CONSERVATOR OF FORESTS
          SOUTHERN ASSAM CIRCLE
          P.O. SILCHAR-788701
         ASSAM

         4:THE DIVISIONAL FOREST OFFICER
          HAILAKANDI DIVISION
          P.O. HAILAKANDI-788151
          DIST- HAILAKANDI
         ASSAM
                                                  Page No.# 2/3


            5:THE RANGE FOREST OFFICER
             GHARMURA RANGE
             P.O. GHARMURA-788162
             DIST- HAILAKANDI
            ASSAM

            6:CHANCHALA DAS
             D/O LT. KIRENDRA DAS
            VILL. GHARMURA FOREST VILLAGE
             PART-I
             P.O. GHARMURA-788162
             DIST- HAILAKANDI
            ASSAM

            7:MITHUN DAS
             S/O LT. JHUNU DAS
            VILL. GHARMURA FOREST VILLAGE
             PART-I
             P.O. GHARMURA-788162
             DIST- HAILAKANDI
            ASSAM

            8:BISHNU DAS
             S/O LT. JHUNU DAS
            VILL. GHARMURA FOREST VILLAGE
             PART-I
             P.O. GHARMURA-788162
             DIST- HAILAKANDI
            ASSAM

            9:MATANGINI DAS
            W/O LT. SURENDRA DAS
            VILL. GHARMURA FOREST VILLAGE
             PART-I
             P.O. GHARMURA-788162
             DIST- HAILAKANDI
            ASSAM

            10:KRISHNA KANTA DAS
             S/O LT. BASANTA DAS
            VILL. GHARMURA FOREST VILLAGE
             PART-I
             P.O. GHARMURA-788162
             DIST- HAILAKANDI
            ASSA

Advocate for the Petitioner   : MR. T U LASKAR
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Advocate for the Respondent :




                                            BEFORE
                  THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
                                    ORDER

28.01.2021 Heard Mr. N Dhar, learned counsel for the petitioners. Also present Mr. K P Pathak, learned standing counsel for the Forest department.

The petitioners in order to establish their right to possess the land under the Gharmurah Forest village as apparent from the impugned order dated 03.03.2016 tried to establish his right on the basis of a 'will' of late Bichitra Das admittedly the allottee of the land in dispute, a gift deed and also as a son of late Bichitra Das. Petitioner No. 2 also relied the judgment passed in T.A. 27/2013 of the learned Civil Judge, Hailakandi dated 21.11.2015 but the Divisional Forest Officer or any other forest officer was not impleaded in the said appeal nor in the suit. In view of the nature of the fact on the basis of which the petitioner No. 2 has claimed right to possess the forest land, Mr. Pathak shall inform this court whether the parties can be referred to decide the dispute by a civil court after impleading the Government and department of forest as the necessary parties.

Accordingly, let this matter be listed on 09.02.2021.

JUDGE

Comparing Assistant