Page No.# 1/16 vs The State Of Assam And 9 Ors on 6 March, 2026

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                              Page No.# 1/16

GAHC010008912026




                                                         2026:GAU-AS:3366

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

                             Case No. : WP(C)/289/2026

         SHOWKAT AHMAD AND 158 ORS.
         SON OF ABDUS SUKUR

         2: NIYAMAT ALI
          SON OF LATE TASAR ALI

         3: MURAD HUSSAIN TALUKDER
          SON OF MUSLEK UDDIN TALUKDAR

         4: KALAM HUSSAIN
          SON OF AJMAL ALI

         5: KARIM UDDIN

          SON OF SOFIK ALI

         6: JAKIR HUSSAIN
          SON OF LUKMAN ALI

         7: ISLAM UDDIN
          SON OF AKMAL ALI


         8: SUNARAB ALI
          SON OF ATAR ALI

         9: KABIR UDDIN
          SON OF ROFIJUL HOQUE

         10: ABDUL KADER
          SON OF ACHADDAR ALI

         11: ARIF UDDIN TALUKDER
          SON OF MIRJAN ALI TALUKDER
                          Page No.# 2/16


12: NAZRUL HOQUE
 SON OF AJIR UDDIN

13: SOFIR UDDIN
 SON OF SAJJAD ALI

14: CHABBIR AHMED
 SON OF ABDUL ROSHID

15: SALIM UDDIN
 SON OF SUNARAB ALI

16: SARIF UDDIN
 SON OF HARIS ALI

17: MONNAN UDDIN
 SON OF SADIQUR RAHMAN

18: SADDAM HUSSAIN
 SON OF ABUL HUSSAIN

19: MOKLISUR RAHMAN
 SON OF LATE BAJID ALI

20: SAMSUL HOQUE
 SON OF ABDUL SUKKUR

21: ABDUL JALIL
 SON OF ABDUL AZIZ

22: ABDUL FATTR
 SON OF AYAJ ALI

23: ABDUR RAHMAN
 SON OF AYAJ ALI

24: TOYABUR RAHMAN
 SON OF NIYAJ ALI

25: HUSSAIN AHMED
 SON OF ABDUL LOTIF

26: BILAL UDDIN
 SON OF MASADDAR ALI

27: NAZIM UDDIN
 SON OF BASHIR ALI
                             Page No.# 3/16


28: BURHAN UDDIN
 SON OF LATESDIQUR RAHMAN

29: RAHMAT ALI
 SON OF LATE ASAB ALI

30: ASAB UDDIN
 SON OF LATE MANUHAR ALI

31: ALTAB HUSSAIN

SON OF ASAB UDDIN


32: FAZIR UDDIN
 SON OF RAFIJUL HOQUE

33: ABDUL MANNAN
 SON OF AYAJ ALI

34: SAMSUL HOQUE
 SON OF ROHIS ALI

35: BASIR UDDIN
 SON OF MUBIJ ALI

36: NOOR UDDIN
 SON OF BASIR UDDIN

37: ABDUL MAZID
 SON OF OSIR ALI

38: JAMIR UDDIN
 SON OF REYAJ ALI

39: NAMAN ALI

SON OF AJMAT ALI

40: ABDUL HALIM
 SON OF ABDUL MAZID

41: NASIR UDDIN
 SON OF HARIS ALI

42: ABDUL KALAM
 SON OF AYAJ ALI
                                Page No.# 4/16


43: MUSLIM UDDIN
 SON OF YEASIN ALI

44: AKRAM ALI TALUKDAR
 SON OF SUNAHAR ALI TALUKDAR

45: ATAUR RAHMAN
 SON OF MASAID ALI

46: MAKBOL UDDIN
 SON OF YEASINALI

47: ABDUL BARI
 SON OF AYAJ ALI

48: KALIL UDDIN
 SON OF PAMOY MIYA

49: ABDUL KALIK
 SON OF ABDUL MAZID

50: SUNAHAR ALI TALUKDAR
 SON OF SURUJ ALI

51: HANNANA BEGUM
WIFE OF SUNAHAR ALI TALUKDAR

52: AKRAM ALI

SON OF INDRAJ ALI

53: TOYAKUL ALI

SON OF AZIR UDDIN

54: KHOIRUL HOQUE
 SON OF AZIR UDDIN

55: SAPNA BEGUM
WIFE OF CHABBIR UDDIN

56: RUSNA BEGUM
WIFE OF RAFIJUL HOQUE

57: AJMAT ALI
 SON OF MASAB ALI
                        Page No.# 5/16

58: ALIM UDDIN
 SON OF ASAB UDDIN

59: BADRUL HOQUE
 SON OF MAJIR UDDIN

60: KAMRUL HOQUE
 SON OF MAJIR UDDIN

61: SABBIR HOQUE
 SON OF MAJIR UDDIN

62: HARUN BIBI
WIFE OF LUKMAN ALI

63: AYAJ ALI

SON OF MOSHOB ALI

64: SAMIR UDDIN
 SON OF AYAJ ALI

65: SAHAB UDDIN
 SON OF MOKUMAL ALI

66: ANG CHABUR
 SON OF ACHAB UDDIN

67: ABDUL CHUBAN
 SON OF ACHAB UDDIN

68: ABDUL QUAYYUM
 SON OF ABDUL MANNAN

69: ABDUL BASIT
 SON OF ABDUL MANNAN

70: ISLAM UDDIN
 SON OF JALAL UDDIN

71: JALAL UDDIN
 SON OF ABDUL WAHID

72: RAHAMAT ALI
 SON OF ALMAS ALI

73: ABDUL SHUKKUR
 SON OF SONAB ALI
                         Page No.# 6/16


74: MASHQUE UDDIN
 SON OF MASUR ALI

75: MASUR ALI
 SON OF SUNAHAR ALI

76: SABIR HUSSAIN
 SON OF ABDUL RAUF

77: ABDUL MATIN
 SON OF ABDUL MANNAN

78: FAKRUN NESSA
WIFE OF SALIM UDDIN

79: ABDUL MANNAN
 SON OF KASHIM ALI

80: MOYMUNNESSA
WIFE OF ABDUL MANNAN

81: NAZRUL ISLAM
 SON OF HARIS ALI

82: ABDUL KALAM
 SON OF ABDUL MANNAN

83: ANWARA BEGUM
WIFE OF HARIS ALI

84: HANIF ALAM
 SON OF JOYNAL ABEDIN

85: MAYNUL HOQUE
 SON OF ABDUL SHUKKUR

86: RAHMAT ALI
 SON OF HARIS ALI

87: SULTAN HUSSAIN
 SON OF ANG ROUF

88: KHASRULHOQUE
 SON OF ABDUL NOOR

89: AMINA BIBI
 SON OF ALA UDDIN
                             Page No.# 7/16


90: ABDUL BATIN
 SON OF ABDUL MANNAN

91: MUSLIM UDDIN
 SON OF APTAR ALI

92: FAJLUR RAHMAN
 SON OF LATE ABDUL NOOR

93: AJIJUR RAHMAN
 SON OF LATE ABDUL NOOR

94: FUKHRUL ISLAM
 SON OF LATE ABDUL SUFAN

95: NURUL ISLAM
 SON OF LATE ABDUL SUFAN

96: DILOWAR HUSSAIN
 SON OF KALAM HUSSAIN

97: GOLJAR HUSSAIN
 SON OF KALAM HUSSAIN

98: RUKIA BEGUM
WIFE OF MAYNUL HOQUE

99: NAJRUL ISLAM
 SON OF ABDULLA

100: MONIR UDDIN
 SON OF ABDUL SHUKKUR

101: MAYRONG BIBI
WIFE OF SADIQUR RAHMAN

102: JASHIM UDDIN
 SON OF ISLAM UDDIN

103: MUIJUR RAHMAN
 SON OF ABDUL NOOR

104: ALECHA BEGUM
WIFE OF MOINUL HOQUE

105: NURJAN BIBI
WIFE OF LATE ABUL HUSSAIN
                                Page No.# 8/16


106: ARIF UDDIN
 SON OF MOINUL HOQUE

107: NAZRUL ISLAM
 SON OF MOINUL HOQUE

108: ANCHAR ALI
 SON OF MACHADDAR ALI

109: SIRAJ UDDIN
 SON OF SAJJAD ALI

110: SAHID AHMED
 SON OF ABDUL RASID

111: SAMSUL ISLAM
 SON OF LATE AJMAT ALI

112: HADATUN NESSA
 WIFE OF LATE MUZIBUR RAHMAN

113: RIYAZ UDDIN
 SON OF LATE SAJJAD ALI

114: ABDUL SHUKKUR
 SON OF RAKIB ALI

115: MD. MATARUP ALI
 SON OF LATE MUBCHIL ALI

116: RUSHAN AHMED
 SON OF LATE ABDUL LATIF

117: SIRAJUL HOQUE
 SON OF ATAR ALI

118: SAYDUL HAQUE
 SON OF ABDUL SUKKUR

119: JAYNUL HOQUE
 SON OF LATE ABDUL NOOR

120: HIFJUR RAHAMAN
 SON OF LATE IJJAD ALI

121: ATIKUR RAHMAN
 SON OF LATE IJJAD ALI
                            Page No.# 9/16


122: JUMILAHMED
 SON OF BASIR UDDIN

123: HUSSAIN AHMED
 SON OF FEMOI MIA

124: AMIR UDDIN
 SON OF SAFIK ALI

125: NOOR AHMED
 SON OF BASIR UDDIN

126: SOFIK ALI
 SON OF LATE MOSOD ALI

127: SALIM UDDIN
 SON OF MOTIUR RAHMAN

128: MUSLIM UDDIN
 SON OF ROSHID ALI

129: MANSUR ALI
 SON OF LATE ABDUL HAMID

130: KOYTUR BIBI
WIFE OF MONUHAR ALI

131: NEZAM UDDIN
 SON OF MOSORAF ALI

132: YEABOR ALI
 SON OF ABDUL SATTAR

133: KHATUN BIBI
WIFE OF ABDUS SUKKUR

134: NASIR UDDIN
 SON OF MONOI MIA

135: SAMIR UDDIN
 SON OF AYAZ ALI

136: KHASRUL HOQUE
 SON OF MOZIR UDDIN

137: AHAD UDDIN
 SON OF MONUHAR ALI
                                    Page No.# 10/16


138: AKLAS UDDIN
 SON OF MOSADDAR ALI

139: AMIR UDDIN
 SON OF RIAJ ALI

140: ALA UDDIN
 SON OF HARIS ALI

141: FARUK AHMED
 SON OF LATE MAKADDAS ALI

142: MOSTAKIN ALI
 SON OF LATE MONUHAR ALI

143: ABDUL SUFAN
 SON OF LATE ABDUL JALIL

144: ABDUL MANNAN
 SON OF AKLAS UDDIN

145: JOYNAL UDDIN
 SON OF SOIB ALI

146: RABIYA BIBI
 DAUGHTER OF ABDUL SALAM

147: KARIMA BEGUM
WIFE OF JAKIR HUSSAIN

148: ALI HUSSAIN
WIFE OF LATE ABAD UDDIN

149: SAHAB UDDIN TALUKDAR
 SON OF LATE MIRZAN ALI TALUKDAR

150: RASHID ALI
 SON OF LATE IJJAD ALI

151: KHALIDA BEGUM
 DAUGHTER OF MONSUR ALI

152: ASMA BEGUM
WIFE OF LATE MAHABBAT ALI

153: KAMAL UDDIN
 SON OF LATE LUKMAN ALI
                                                   Page No.# 11/16


154: FAYJUL HOQUE
 SON OF LATE AYAJ ALI

155: TAJ UDDIN
 SON OF MOKLISUR RAHMAN

156: ABDUL AZIZ
 SON OF LATE ASADDAR ALI

157: NURUN NESSA
WIFE OF LATE LUKMAN ALI

158: SAHID HUSSAIN
 SON OF LOKMAN ALI

159: SUFIYA BEGUM
WIFE OF LATE ASFAK UDDIN
ALL RESIDENTS OF VILLAGE-KUNDULAKUT KITTE ROUSHANABAD
 P.O. LILACHILLA
 DISTRICT- SRIBHUMI
ASSAM
 PIN-78873

VERSUS

THE STATE OF ASSAM AND 9 ORS.
THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM,
DISPUR,GUWAHATI-6.

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
 ENVIRONMENT
 FOREST AND CLIMATE CHANGE DEPARTMENT
ASSAM
 DISPUR
 GUWAHATI-6

3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
AND HEAD OF FOREST FORCE
 PANJABARI
 GUWAHATI-781016

4:THE CONSERVATOR OF FOREST

SOUTH ASSAM CIRCLE
SILCHAR
P.O. SILCHAR
DISTRICT- CACHAR
                                                                       Page No.# 12/16

             ASSAM

            5:THE DIVISIONAL FOREST OFFICER

             KARIMGANJ DIVISION
             SRIBHUMI
             P.O. AND DISTRICT-SRIBHUMI
             ASSAM
             PIN - 788724

            6:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM

             REVENUE AND DM DEPARTMENT
             DISPUR
             GUWAHATI-6

            7:THE DIRECTOR OF LAND RECORDS AND SURVEY

             ASSAM

            8:THE DISTRICT COMMISSIONER
             SRIBHUMI
             P.O. AND DISTRICT- SRIBHUMI
            ASSAM
             PIN-788710

            9:THE SETTLEMENT OFFICER
             SRIBHUMI
             P.O. AND DISTRICT-SRIBHUMI
            ASSAM
             PIN- 788710

            10:THE CIRCLE OFFICER

             RAMKRISHNANAGAR
             P.O. RAMKRISHNANAGAR
             DISTRICT- SRIBHUMI
             ASSAM
             PIN -78816

Advocate for the Petitioner   : MR. K N CHOUDHURY, MR K UDDIN,MR. A K AZAD,MR. N
HAQUE,MR M HUSSAIN

Advocate for the Respondent : SC, FOREST, GA, ASSAM,SC, REVENUE
                                                                     Page No.# 13/16

                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                      ORDER

06.03.2026 Heard Shri KN Choudhury, learned Senior Counsel assisted by Shri K. Uddin, learned counsel for the petitioners. Also heard Shri N. Das, learned State Counsel; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department and Ms. M. Kalita, learned Standing Counsel, Forest Department.

2. The petitioners, who are 159 in numbers, are aggrieved by notices dated 02.01.2026 whereby they are directed to vacate the land within 30 days.

3. As per the facts projected, the petitioners are the settlement holders of land under Touzi No.14179/20 under the Karimganj Sub-Division. Few of the writ petitioners had instituted Title Suit No.221/1975 which was decreed on 21.09.1976. The said decree was subject matter of challenge in Title Appeal No.181/1979 preferred by the State which was dismissed on 20.07.1981. The petitioners have also relied upon a minutes of meeting dated 13.03.2009 on the aspect of creation of a revenue village.

4. Shri Choudhury, learned Senior Counsel for the petitioners has also drawn the attention of this Court to an order dated 20.01.2023 passed by the Hon'ble Division Bench in WA No.212/2019 in which it has been recorded that the cadastral survey of the land in question was not complete. He submits that under the said background, the impugned notices could not have been issued. He has also informed that while issuing notice vide order dated 21.01.2026, this Court has also recorded the submission of the learned Additional Advocate General that the eviction process would not be carried out till the returnable date.

Page No.# 14/16

5. Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department has submitted that the survey is going on and not completed. A similar submission has been made by Ms. Kalita, learned Standing Counsel, Forest Department, who has contended that the demarcation process is going on.

6. The rival contentions advanced by the learned counsel for the parties have been duly considered and the materials placed before this Court have been duly examined.

7. The contention of the petitioners is that the land in question is not forest land and this aspect gets fortified by the judgment and decree dated 20.01.1976 passed in Title Suit No.225/1975 which was also affirmed by the Appellate Court in Title Appeal No.181/1979 vide judgment dated 20.07.1981. the appeal was preferred by the State which was dismissed. There is nothing brought on record by the learned counsel for the respondents that there was any further appeal and therefore, it has to be presumed that the said judgment has attained finality. This Court is also apprised of the fact that which is also conceded by the learned counsel for the respondents that the survey for demarcation is going on. This Court has also noted the observation made by the Hon'ble Division Bench in the order dated 20.01.2023 passed in WA/212/2019 whereby a direction was given for completion of the cadastral survey.

8. This Court is also apprised that the action of the State to carry out eviction from forest land was the subject matter of challenge in various writ petitions which were dismissed. The matters were ultimately considered by the Hon'ble Supreme Court in the case of Abdul Khalek and Ors. Vs. State of Assam reported in 2026 INSC 140. In the said case, the Hon'ble Supreme Court had approved the course of action to be adopted by the State Government for removing encroachment which contains sufficient procedural safeguards. It may Page No.# 15/16

be mentioned that the State had proposed to constitute a Committee to look into the matter of making forest area encroachment free which also contemplated of giving due opportunity to the occupants. The Hon'ble Supreme Court in the aforesaid case of Abdul Khalek (supra) has approved the policy adopted by the State in the following terms:

"(i) The respondents shall constitute a committee comprising forest officials and the revenue officials.

(ii) The said committee shall issue notice to the alleged unauthorised occupants and shall give them an opportunity to adduce evidence to show that they have the right to occupy the land which is in their possession.

(iii) The action for removal of encroachment shall be taken, only if it is found that there is an encroachment in the reserved forest area.

(iv) In case the noticee is found to be within the revenue limits, outside the notified forest area, the details of the noticee shall be sent to the revenuedepartment. In such cases, revenue department shall decide the future course of action.

(v) The action is being taken by the State to remove encroachment from the reserved forest areas and has nothing to do in respect of the matters which may be referred to the revenue department.

(vi) If an unauthorised occupation is found in a reserved forest area, after scrutiny of the documents, a speaking order shall be passed and shall be served on the concerned person giving him 15 days notice to vacate the unauthorized occupation and only after expiry of the period of notice, the action shall be taken to remove the unauthorised occupants.

(vii) Occupation of a Gaon Panchayat in a forest is permissible if there is a Page No.# 16/16

sufficient proof as per the Jamabandi Register maintained by the Forest Department or as provided under the Forest Rights Act."

9. In view of the aforesaid facts and circumstances, it is directed that the land which was the subject matter of the suit in respect of which a decree has been passed cannot be the subject matter of any eviction unless such decree is interfered with by a Higher Court. At the same time, as noted above, the survey is on for demarcation of the area in question. It is therefore, made clear that if after such exercise of demarcation, if any forest area outside the scheduled area of the suit land is found to be under the possession of the petitioners or for that matter any other individual, appropriate steps for eviction may be taken which however has to be done by meticulously following the procedure approved by the Hon'ble Supreme Court in the case of Abdul Khalek (supra). At this stage, the importance of preserving forest land as observed by the Hon'ble Supreme Court in the opening paragraph of the aforesaid case is to be kept in mind which is as follows:

"2. These appeals and the Writ Petitions raise before this Court a question

of considerable, constitutional and environmental significance, namely the State's obligation to protect reserved forest in discharge of its constitutional mandate and the manner in which such obligation must be fulfilled, when long standing human habitation is asserted within the forest land."

10. The writ petition accordingly stands disposed of.

JUDGE

Comparing Assistant