Page No.# 1/6 vs The State Of Assam And 3 Ors
2023 Latest Caselaw 1869 Gua

                                                         Page No.# 1/6

GAHC010099252023




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

                            Case No. : WP(C)/2540/2023

         ISMAIL ALI AND 16 ORS.
         S/O- LATE AYUB ALI,
         R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE,
         P.O- KOTAMONI,
         P.S- BAZARICHERRA,
         DIST- KARIMGANJ, ASSAM

         2: AJMAT ALI
          S/O- ISMAIL ALI

         R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

         P.O- KOTAMONI

         P.S- BAZARICHERRA

         DIST- KARIMGANJ
         ASSAM

         3: BILATUN NESSA
         W/O- KHECHAMAT ALI

         R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

         P.O- KOTAMONI

         P.S- BAZARICHERRA

         DIST- KARIMGANJ
         ASSAM

         4: HASON ALI
          S/O- LATE AYUB ALI
                                            Page No.# 2/6

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

5: NAJIM UDDIN
 S/O- LATE TOJOY MIYA

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

6: SHYAMS UDDIN
 S/O- LATE MAHMOD ALI

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

7: NACHIR UDDIN
 S/O- LATE INTAI MIA
R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

8: FURKAN ALI
 S/O- PETU MIA

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE
                                            Page No.# 3/6


P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

9: ROSMAN ALI
 S/O- LATE INCHAN ALI

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

10: RAMIJ UDDIN
 S/O- LATE MUNSIFAR JAN ALI

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

11: AJIM UDDIN
 S/O- NACHIR UDDIN

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

12: ARKAM ALI
 S/O- LATE ACHAB ALI

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE
                                               Page No.# 4/6


P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

13: SIDDIQUE AHMED
 S/O- ARKAM ALI

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

14: ASAR ALI
 S/O- LATE ASHID ALI

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

15: ALTAB UDDIN
 S/O- LATE NAJIB ALI

R/O- VILLAGE N.S SOLAMONA FOREST VILLAGE

P.O- KOTAMONI

P.S- BAZARICHERRA

DIST- KARIMGANJ
ASSAM

16: ABDUL KHALIQUE
 S/O- FAYAJ ALI

R/O- VILLAGE N.S SHAMBUNAGAR FOREST VILLAGE
                                                                   Page No.# 5/6


            P.O- KOTAMONI
             P.S- BAZARICHERRA
             DIST- KARIMGANJ
            ASSAM

            17: RAFIK ALI
             S/O- INTAZ ALI
             R/O- VILLAGE N.S SHAMBUNAGAR FOREST VILLAGE
             P.O- KOTAMONI
             P.S- BAZARICHERRA
             DIST- KARIMGANJ
            ASSA

            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
            ASSAM, ENVIRONMENT AND FOREST DEPARTMENT
            A-BLOCK, 3RD FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI- 781006,
            ASSAM.

            2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
            FOREST FORCE
             ASSAM
            ARANYA BHAWAN
            ASSAM
             PANJABARI
             GUWAHATI- 781037.

            3:THE DIVISIONAL FOREST OFFICER
             LONGAI FOREST DIVISION
             KARIMGANJ DIVISION
             KARNAMADHU PART -II
             KARIMGANJ
            ASSAM

            4:THE FOREST BEAT OFFICER
             LONGAI BEAT
             KARIMGANJ
            ASSA

Advocate for the Petitioner   : MR S BORTHAKUR

Advocate for the Respondent : SC, FOREST
                                                                        Page No.# 6/6


                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                       ORDER

Date : 10.05.2023

Heard Mr. S. Borthakur, learned counsel for the petitioners and Mr. D. Gogoi, learned Standing Counsel, Environment & Forest Department for all the respondents.

Mr. Gogoi, learned Standing Counsel, Environment & Forest Department has produced a copy of the judgment and order dated 09.05.2023 rendered in the writ petition, W.P.[C] no. 4775/2022 and has submitted that the issue regarding hereditary rights in a forest village has been decided by the said judgment and order. It is his further submission that the judgment would cover the case of the present petitioners.

Mr. Borthakur, learned counsel for the petitioners who has received the copy of the said judgment today has prayed for listing of the case on 15.05.2023 in order to enable him to go through the said judgment and to make submission.

As prayed for by Mr. Borthakur, learned counsel for the petitioners, list the case on 15.05.2023.

JUDGE

Comparing Assistant