Page No.# 1/8 vs The State Of Assam And 6 Ors
2026 Latest Caselaw 2541 Gua

Gauhati High Court

Page No.# 1/8 vs The State Of Assam And 6 Ors on 20 March, 2026

Author: K.R. Surana

Bench: Kalyan Rai Surana

                                                                Page No.# 1/8

GAHC010272592025




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

                           Case No. : PIL/68/2025

         LUPTACHAR LP SCHOOL MANAGEMENT COMMITTEE AND 4 ORS.
         REPRESENTED BY ITS PRESIDENT, ABDUL HAKIM, AGED ABOUT 38
         YEARS, S/O LATE RAHIZUDDIN AHMED, PERMANENT R/O VILL
         BHATIPARA GAON, PO DUBAPARA, PS MORNOI, DIST GOALPARA, ASSAM,
         PIN 783101

         2: SMT SEBIKA HAJONG
         W/O DHANESWAR HAJONG
          PERMANENT R/O VILL BHATIPARA GAON
          PO DUBAPARA
          PS MORNOI
          DIST GOALPARA
         ASSAM
          PIN 783101

         3: SMT BIBHA RANI HAJONG
         W/O SHUDHAN HAJONG
          PERMANENT R/O VILL BHATIPARA GAON
          PO DUBAPARA
          PS MORNOI
          DIST GOALPARA
         ASSAM
          PIN 783101

         4: ABED ALI
          PERMANENT RO VILL DASHABHUJA DEBASHTAN
          PO DUBAPARA
          PS MORNOI
          DIST GOALPARA
         ASSAM
          PIN 783101

         5: SMT RASHMI KOCH
         W/O VIVEKANANDA BARAIN
                                                    Page No.# 2/8

PERMANENT R/O VILL DAKAIDOL
PO MORNOI
PS MORNOI
DIST GOALPARA
ASSAM
PIN 78310

VERSUS

THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, JANATA BHAWAN,
DISPUR, GUWAHATI- 781006

2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
 KAHILIPARA
 GUWAHATI -781019

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
 GOALPARA
ASSAM
 PIN - 783101

4:THE BLOCK ELEMENTARY EDUCATION OFFICER
 MATIA
 GOALPARA
ASSAM
 PIN 783101

5:THE DISTRICT COMMISSIONER
 GOALPARA
ASSAM
 PIN 783101

6:THE CIRCLE OFFICER
 MATIA REVENUE CIRCLE
 MATIA
 GOALPARA
ASSAM
 PIN 783101

7:THE DIVISIONAL FOREST OFFICER

GOALPARA DIVISION (T)
GOALPARA
BADALMARI
PIN 78312
                                                                           Page No.# 3/8


Advocate for the Petitioner   : MR S BORTHAKUR, SK ABDULLAH,MR. J ABBAS

Advocate for the Respondent : SC, ELEM. EDU, MR. P N GOSWAMI, SC, ENVIRONMENT AND
FOREST,MS. R B BORA, GA, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

20.03.2026 (K.R. Surana, J)

Heard Mr. J. Abbas, learned counsel for the petitioners. Also heard Mr. S.K. Talukdar, learned standing counsel for the Elementary Education Department representing respondent nos. 1 to 4; Ms. R.B. Bora, learned Government Advocate representing respondent nos. 5 and 6 and Mr. D. Gogoi, learned standing counsel for the Forest Department representing respondent no.7.

2. In the course of deliberations, the notice of the Court has been drawn to the following -

i) Certificate No. MC.16/Misc.certificate/2022/46 dated 28.07.2023, by which the Circle Officer, Matia Revenue Circle has certified that land measuring (2B-2K-10L) 2 Bigha 2 Katha 10 Lecha, covered by Dag No.140 of Revenue Village Dashabhuja Debasthan is under the possession of the Management Committee of Luptachar L.P. School.

ii) A letter bearing No. BEEO(M)/Misc./2024-25/Pt-I dated 07.11.2025 issued by the Block Elementary Education Officer, Matia, Goalpara stating that Luptachar L.P. School is having land measuring Page No.# 4/8

(2B-2K-10L) 2 Bigha 2 Katha 10 Lecha, covered by Dag No.140 of Revenue Village Dashabhuja Debasthan under the possession of the Management Committee of the said School.

iii) On behalf of respondent no.5, an affidavit-in-opposition has been filed on 16.02.2026, by Shri Arun Kumar Brahma, ACS, who was the then Additional District Commissioner (Education), Goalpara, wherein it is stated the Circle Officer, Matia Revenue Circle, has also reported vide Letter No. MC.1/Court/2024/624 dated 21.01.2026 that the Luptachar L.P. School possessed a plot of land measuring 2 Bighas covered by RF Dag No.140, situated at Revenue Village Dashabhuja Debasthan under Matia Revenue Circle, absolutely reserved for forest only.

3. Therefore, the issue involved in this PIL, amongst others is whether the land which is under possession of the School Management Committee of Luptachar L.P. School is situated in a reserved forest area or not.

4. From the contents of paragraph 8 of the affidavit referred above, the reference to "RF Dag" would mean the land is a reserved forest dag. Therefore, either of the said documents, being (i) certificate dated 28.07.2023 by the Circle Officer, Matia Revenue Circle, which does not refer to the Dag as "RF Dag", (ii) the contents of the letter dated 07.11.2025 issued by the Block Elementary Education Officer, Matia, Goalpara, which also does not refer to the Dag as "RF Dag", (iii) the statement made in paragraph 8 of the said affidavit filed on 16.02.2026 that the Dag is a "RF Dag", contradicts each other.

5. Therefore, the Court is inclined to direct the District Commissioner, Goalpara, to have a thorough examination of the records relating to the land Page No.# 5/8

possessed by the School Management Committee of Luptachar L.P. School and to report to this Court by referring to the land revenue records as to whether the said land is a reserved forest Dag or is not a reserved forest Dag.

6. We expect that if the contents of the certificate by the Circle Officer, Matia Revenue Circle or the contents of the letter dated 07.11.2025, by the Block Elementary Education Officer, Matia, Goalpara, or the contents of the statement made in paragraph 8 of the affidavit filed on 16.02.2026 is false, then the competent authority, with due notice to the concerned officer, initiate departmental action as a false certificate or endorsement would adversely affect the reserved forest area land of the State.

7. We request that the District Commissioner, Goalpara, would make an endeavour complete the enquiry and submit the report to this Court through the learned Government Advocate within 4(four) weeks from the date of this order.

8. In the meantime, the Ministry of Forest, Environment and Climate Change, Government of Assam, through an Officer not below the rank of Joint Secretary, will also file an affidavit to disclose as to whether Dag No.140, which is claimed to be Reserved Forest Area, is a " Reserved Forest Area Dag" or a Dag which is not under Reserved Forest Area. The said enquiry shall be restricted to the official records of the Forest Department only and without consultation from the land revenue records available with the Office of the District Commissioner, Goalpara.

9. We request that the said report to be also submitted within 4(four) weeks from the date of the order.

10. Be that as it may, the learned counsel for the petitioner, by referring to Page No.# 6/8

the stand taken in the writ petition has stated that Sri Suryagiri ME School, Bhatipara, is about 600-700m distance away from the premises of Luptachar L.P. School, Dashabhuja Debasthan. The said Sri Suryagiri ME School has mainly six numbers of classrooms. Moreover, one recognized, non-provincialised High School, namely, Suryagiri High School was shifted to the campus of Sri Suryagiri ME School in the year 2012 due to erosion of the Jaljali river at Dubapara, Luptachar, where the said School was earlier situated.

11. It is projected that Sri Suryagiri ME School has 548 numbers of students, Suryagiri High School has 350 numbers of students and with the shifting of School of the Luptachar L.P. School, into the campus of Sri Suryagiri ME School, there will be 1190 students to be accommodated in the six classrooms having no infrastructure.

12. The said stand of the petitioners in paragraph 21 of the PIL is admitted in the affidavit-in-opposition filed by respondent no.5 and in paragraph 9 thereof, it has been admitted that due to the shifting of the schools, the total number of the students in Sri Suryagiri ME School has arisen to 1196. It is also admitted that the said school does not have sufficient infrastructure for imparting education to 1196 students and that apart, there are insufficient provisions of urinals and toilets.

13. Thus, it appears the authorities have, without making appropriate arrangements for additional classrooms to accommodate 1196 students in Sri Suryagiri ME School, have ordered shifting of the two other Schools.

14. The Court is conscious of the fact that, steps have been initiated for having the reserved forest areas cleared for all encroachment. Despite the Page No.# 7/8

same, as it is noticed that with the insufficient infrastructure in Sri Suryagiri ME School, all 1196 students cannot be imparted education in six inadequate classrooms. Therefore, in this case, the State will have to carve out an exception of temporarily allowing the students who were enrolled in Luptachar L.P. School to continue to have their education at the premises of Luptachar L.P. School till such time as appropriate and adequate infrastructure is created in Sri Suryagiri ME School. Once the infrastructure is completed, it is needless to say that it will be open to the authorities to accommodate all the students in Sri Suryagiri ME School with additional classrooms and appropriate infrastructure.

15. We also noticed from the statements made in this PIL that the campus of Sri Suryagiri ME School is situated near the State Highway No.46, which has a lot of vehicle traffic. Therefore, in the meantime, taking note of the fact that after accommodating students of Luptachar L.P. School there would be around 1200 students, the District Administration shall take adequate steps to see that the said stretch of State Highway contains adequate safeguards so that the children who are to attend the classes in Sri Suryagiri ME School have a safe environment so far as the vehicular traffic is concerned, and the area is kept free from traffic accidents. Accordingly, the Goalpara District Administration shall take the assistance of the Public Works Department (Roads) to put appropriate safeguards in place on the said stretch of State Highway No.46, where Sri Suryagiri ME School is currently situated to make it safe for the students.

16. In the meantime, the concerned authorities in the Goalpara District Administration and the District Elementary Education Office, Goalpara, shall take all necessary steps required to create the infrastructure at Sri Suryagiri ME School to accommodate all the students. They shall also keep reporting to the Page No.# 8/8

Goalpara Forest Division, informing them about the time by which the infrastructure in Sri Suryagiri ME School is created, so as to effectively shift out from the reserved forest area.

17. We request the learned Government Advocate, learned standing counsel for the Elementary Education Department and learned standing counsel for the Forest Department to send the downloaded copy of the said order to the concerned authorities for doing the needful in terms of the order.

18. The status report by way of affidavit shall be filed by the District Commissioner, Goalpara or his authorized Officer and the District Elementary Education Officer, Goalpara, at least 2 (two) days prior to the next date of listing.

19. List on 15.05.2026.

                        JUDGE                 JUDGE




Comparing Assistant