Ala Uddin vs The State Of Assam And 4 Ors
2024 Latest Caselaw 55 Gua

Gauhati High Court

Ala Uddin vs The State Of Assam And 4 Ors on 5 January, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                 Page No.# 1/4

GAHC010213822023




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

                          Case No. : WP(C)/5609/2023

         ALA UDDIN
         S/O- LT. NAJIB ALI,
         RESIDENT OF VILL. OLD SOLAMONA F.V. (FOREST VILLAGE),
         P.O.- KOTAMONI, P.S- BAZARICHERRA,
         DIST.- KARIMGANJ, ASSAM,
         PIN- 788728.

         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM,
         ENVIRONMENT AND FOREST DEPARTMENT,
         DISPUR, GUWAHATI-06.

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

         3:THE DIVISIONAL FOREST OFFICER
          KARIMGANJ FOREST DIVISION
          P.O.- DHARAKUNA
          DIST.- KARIMGANJ
         ASSAM
          PIN- 788712.

         4:THE FOREST RANGE OFFICER
          LOWAIRPOWA FOREST RANGE
          P.O.- LOWAIRPOWA
          DIST.- KARIMGANJ
         ASSAM
          PIN- 788726.
                                                                          Page No.# 2/4


            5:THE DEPUTY COMMISSIONER
             KARIMGANJ
             DIST.- KARIMGANJ
            ASSAM
             PIN- 788710

Advocate for the Petitioner   : MR. S B LASKAR

Advocate for the Respondent : SC, FOREST




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 05.01.2024

Heard Mr. S.B. Laskar, learned counsel for the petitioner; Mr. R.R. Gogoi, learned Standing Counsel, Environment and Forest Department for the respondent nos. 1 - 4; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 5.

2. By preferring the instant writ petition, the petitioner is inter alia seeking a direction to the respondent authorities to recognize his rights for settlement after undertaking a verification process as per the provisions of the Schedule Tribes and Other Traditional Forest Dwellers [Recognition of Forest Rights] Act, 2006 read with the provisions of the Assam Forest Regulations, 1891 in a plot of land falling within Old Solamona Forest Village under Longai Reserve Forest.

3. Mr. Gogoi, learned Standing Counsel, Environment and Forest Department has submitted that the persons similarly situated like the petitioner herein, had preferred a writ petition, W.P.[C] no. 4775/2023 earlier, seeking the same relief. The prayer sought in the said writ petition was denied by a Judgment and Order Page No.# 3/4

dated 09.05.2023. When an intra-court appeal, W.A. no. 213/2023 was preferred against the said Judgment and Order dated 09.05.2023, the said writ appeal was also disposed of by a Judgment and Order dated 05.08.2023 without disturbing the findings recorded by the learned Single Judge. Against the Judgment and Order dated 05.08.2023, the said set of petitioners have preferred a special leave writ petition, SLP[Civil] Diary no. 40124/2023 before the Hon'ble Supreme Court of India and the Hon'ble Supreme Court of India by Order dated 20.11.2023, has issued notice to the respondents making the notice returnable on 16.01.2024.

4. Projecting the above facts, Mr. Gogoi has submitted that the issue is currently pending before the Hon'ble Supreme Court of India and the decision in the present writ petition will be dependent on the outcome of SLP[Civil] Diary no. 40124/2023.

5. Having regard to the above facts, let notice be issued, returnable in 4 [four] weeks.

6. As all the respondents are represented by their respective learned counsel, no formal notices need to be issued to the respondents. The petitioner shall, however, furnish requisite nos. of extra copies of the writ petition along with annexures, to Mr. Gogoi and Mr. Baruah within 2 [two] working days from today.

7. As prayed for, the petitioner is allowed further 2 [two] weeks' time to file the additional affidavit in deference to the order dated 04.12.2023.

JUDGE Page No.# 4/4

Comparing Assistant