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Gauhati High Court
Page No.# 1/7 vs Union Of India And 9 Ors on 19 December, 2025
Page No.# 1/7
GAHC010285492025
2025:GAU-AS:17699
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7443/2025
MAGBUL HUSSEN AND 21 ORS.
C/O-JANAB ALI,VILLAGE JURIPAR, P.O.-JURIPARDIST.-NAGAON, ASSAM,
782426
2: AJGAR ALI
S/O-CHIRAFAT ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
3: ABDUL SUBAN
S/O-ABDUL MANNAFVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
4: TARA BANU
W/O-AKKAS ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
5: MD IDRIS ALI
S/O-MARJAT ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
6: AIN HAQUE
S/O-HAMED ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
7: BABUL HUSSEN
S/O-AKKAS ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
8: AKKAS ALI
Page No.# 2/7
S/O-JAMDAR ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
9: SAFIQUL ISLAM
S/O-ABDUL HASENVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
10: SIRAJUL ISLAM
S/O-ABDUL HASENVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
11: ROSIDUL ISLAM
C/O-SURUJ ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
12: ABDUL ALI
S/O-SAHAR ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
13: ABDUL HASEN
C/O-ABDUL ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
14: NURJAHAN BIBI
C/O-AJIM UDDINVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
15: JALAL UDDEN
S/O-ABUL RAHMANVILLAGE-LONGJUP PADUMONIP.O.-
BAITHALANGSHODIST.-NAGAON
ASSAM
782426
16: HACHINA KHATUN
C/O-NURUL HUDAVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
17: SAIFUL ISLAM
S/O-ABDUL KALAMVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
Page No.# 3/7
ASSAM
782426
18: KAMAL UDDIN
S/O-SUKUR ALIVILLAGE-LONGJUP PADUMONIP.O.-
BAITHALANGSHODIST.-NAGAON
ASSAM
782426
19: ABDUL SWAHID
S/O-ABDUL BAREKVILLAGE-LONGJUP PADUMONIP.O.-
BAITHALANGSHODIST.-NAGAON
ASSAM
782426
20: OMAR PHARUK
S/O-FARIDUL ISLAMVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
21: ABU TAHER
C/O-ABDUL KADIRVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
782426
22: ANUWARA KHATUN
W/O-JAMAL UDDINVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON
ASSAM
78242
VERSUS
UNION OF INDIA AND 9 ORS
TO BE REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST AND
CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD,
NEW DELHI, INDIA
2:THE STATE OF ASSAM
TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT
OF ASSAM
JANATA BHAWAN ASSAM SECRETARIAT COMPLEX
DISPUR
GUWAHATI- 781006
3:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
ENVIRONMENT FORESTS DEPARTMENT
JANATA BHAWAN ASSAM SECRETARIAT COMPLEX
Page No.# 4/7
DISPUR
GUWAHATI- 781006
4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE DISASTER MANAGEMENT DEPARTMENT
JANATA BHAWAN ASSAM SECRETARIAT COMPLEX
DISPUR
GUWAHATI- 781006
5:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST
FORCE AND WILDLIFE
O/O THE PCCF HOFF
ASSAM
ARANYA BHAWAN
PANJABARI
GUWAHATI- 781037.
6:DIVISIONAL FOREST OFFICER
NAGAON DIVISION
NAGAON
ASSAM.
7:DISTRICT COMMISSIONER
NAGAON
ASSAM
8:SUPERINTENDENT OF POLICE
NAGAON
ASSAM
9:CIRCLE OFFICER
KAMPUR REVENUE CIRCLE
NAGAON ASSAM.
10:OFFICER IN CHARGE
KACHUA POLICE STATION
NAGAON
ASSA
Advocate for the Petitioner : MR. A R BHUYAN, MR N A MAZARBHUIYA,S LASKAR,MR N
Z CHOUDHURY
Advocate for the Respondent : SC. REVENUE, DY.S.G.I.,SC, FOREST,GA, ASSAM
Page No.# 5/7
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 19.12.2025
Heard Mr. A. R. Bhuyan, learned counsel for the petitioners.
2. Challenge made in this writ petition is to the notice dated 21.11.2025,
issued by the Divisional Forest Officer, Nagaon Forest Division, whereby the
petitioners have been directed to vacate the lands located within the Lutumai
Reserve Forest in the district of Nagaon within 15 (fifteen) days.
3. It is the contention of the petitioners that on receipt of the eviction notice
dated 21.11.2025, they have submitted the required documents in support of
their possession of the lands. The lands under the possession of the petitioners
fall under the revenue village which is outside the boundary of Lutumai Reserve
Forest. The authorities have not considered the same instead issued the
impugned notice of eviction.
4. Mr. Bhuyan, learned counsel for the petitioners, submits that despite
submission of documents as directed, no consideration has been made as on
today and the petitioners would be evicted without adjudication of their claim.
He submits that the lands under the possession of the petitioners do not fall
within the Lutumai Reserve Forest.
Page No.# 6/7
5. Mr. P. N. Goswami, learned Additional Advocate General, referring to the
judgment rendered in the case of Abdul Khalek in WA No. 251/2025,
submits that this Court has mandated that the encroachers of the reserve forest
shall be evicted. While doing so, if it is found that there are some settlers, even
though unauthorized, they ought to be given a reasonable period of 15 (fifteen)
days time and thereafter a further period of 15 (fifteen) days for exiting
encroached land. He submits that the petitioners have failed to bring on record
any material to substantiate the claim that any representation or supporting
documents were submitted before the authority, except the bald submission
made by the learned counsel for the petitioners.
6. Upon consideration of the matter, it would reveal that except for the copy
of the impugned notice of eviction dated 21.11.2025, issued by the Divisional
Forest Officer, Nagaon Forest Division, no any other document is placed on
record in support of the claim of the petitioners that the lands in their
possession falls outside the boundary of the Lutumai Reserve Forest. Thus, in
absence of such material, it would be difficult for this Court to determine as to
whether the petitioners have any right to claim over the lands in question.
However, since this Court in WA No. 251/2025 has permitted even the
unauthorized occupants within the reserve forest land to provide an opportunity,
this Court deems it appropriate, in the interest of justice, to permit the
petitioners to approach the competent authority by filing representations along
with supporting documents for appropriate consideration.
7. Accordingly, this writ petition is disposed of with a direction to the
petitioners to file representations before the Divisional Forest Officer, Nagaon
Page No.# 7/7
Forest Division, within a period of 7 (seven) days from today, enclosing all
relevant documents in support of their claim. On receipt of the representations
that would be filed by the petitioners, the Divisional Forest Officer, Nagaon
Forest Division, shall consider the same and pass a reasoned order in
accordance with law within a period of 15 (fifteen) days thereafter.
8. It is made clear that in the event the petitioners fail to submit the
representation within above prescribed period, the respondent authorities shall
be at liberty to proceed with in terms of the impugned eviction notice dated
21.11.2025.
9. Till completion of the exercise, as directed hereinabove, status quo as on
today shall be maintained.
10. Writ petition stands disposed of.
JUDGE
Comparing Assistant
