[Cites 0, Cited by 0]
Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Ors on 19 December, 2025
Page No.# 1/5
GAHC010285162025
2025:GAU-AS:17703
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7454/2025
HAMESA KHATUN
W/O- LT. NAZIR HUSSAIN, VILL. - LONGJUMP 700 ACRE PADUMONI,
MAUZA - GORUBAT, P.O. - BARPANI, P.S. KOCHUA, DIST. - NAGAON
ASSAM, PIN - 782426
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
GENERAL ADMINISTRATION DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
ASSAM
PANJABARI
GUWAHATI-37.
5:THE CHIEF CONSERVATOR OF FORESTS
ASSAM
PANJABARI
GUWAHATI-37.
6:THE DIVISIONAL FOREST OFFICER
Page No.# 2/5
NAGAON DIVISION
NAGAON
PIN -782001.
7:THE DISTRICT COMMISSIONER
NAGAON DISTRICT
NAGAON
PIN -782001.
8:THE CIRCLE OFFICER
KAMPUR REVENUE CIRCLE
NAGAON
PIN - 782426.
9:THE OFFICER IN CHARGE
KACHUA POLICE STATION
NAGAON
PIN 78242
Advocate for the Petitioner : MS. S B CHOUDHURY, M. DAS,A N AHMED
Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, FOREST
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 19.12.2025
Heard Ms. S. B. Choudhury, learned counsel for the petitioner.
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
petitioner has been directed to vacate the land located within the Lutumai
Reserve Forest in the district of Nagaon within 15 (fifteen) days.
Page No.# 3/5
3. It is the contention of the petitioner that on receipt of the eviction notice
dated 21.11.2025, she has submitted the required documents in support of her
possession of the land. The land under the possession of the petitioner falls
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. Ms. Choudhury, learned counsel for the petitioner, submits that despite
submission of documents as directed, no consideration has been made as on
today and the petitioner would be evicted without adjudication of her claim. She
submits that the land under the possession of the petitioner does not fall within
the Lutumai Reserve Forest.
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 petitioner has 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 petitioner.
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
Page No.# 4/5
Forest Officer, Nagaon Forest Division, no any other document is placed on
record in support of the claim of the petitioner that the land in her 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
petitioner has any right to claim over the land 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 petitioner to approach the
competent authority by filing a representation along with supporting documents
for appropriate consideration.
7. Accordingly, this writ petition is disposed of with a direction to the
petitioner to file a representation before the Divisional Forest Officer, Nagaon
Forest Division, within a period of 7 (seven) days from today, enclosing all
relevant documents in support of her claim. On receipt of the representation
that would be filed by the petitioner, 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 petitioner fails 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.
Page No.# 5/5
10. Writ petition stands disposed of.
JUDGE
Comparing Assistant
