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2025 DAILYLAW 23934 (GAU)

NIJAM UDDIN v. THE STATE OF ASSAM

WP(C)/7434/2025 · 2025-12-18

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/17 GAHC010284922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7406/2025 NUR HUSSAIN S/O.- JAMSHER ALI, VILL. - LONGJUMP 700 ACRE, MAUZA - GORUBAT, P.O. - BARPANI, P.S. KOCHUA, DIST. - NAGAON ASSAM, PIN -782426. VERSUS THE STATE OF ASSAM AND 8 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.# 2/17 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, Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FOREST Linked Case : WP(C)/7417/2025 ABDUL FALAN S/O MONTAJ ALI VILL. - LONGJUMP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON ASSAM PIN 782426 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE ENVIRONMENT AND FOREST DEPARTMENT DISPUR Page No.# 3/17 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 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 782426 Page No.# 4/17 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/7421/2025 ABDUL SATTAR S/O ISMAIL ALI VILL. - LONGJUMP 700 ACRE MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON ASSAM PIN -782426 VERSUS THE STATE OF ASSAM AND 8 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 Page No.# 5/17 ASSAM PANJABARI GUWAHATI-37. 6:THE DIVISIONAL FOREST OFFICER 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 782426 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/7413/2025 JOYNAL UDDIN S/O ABDUL KADIR VILL. - LONGJUMP 700 ACRE (PADUMONI) MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON (ASSAM) PIN - 782426 VERSUS THE STATE OF ASSAM AND 8 ORS Page No.# 6/17 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 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 Page No.# 7/17 KACHUA POLICE STATION NAGAON PIN 782426 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/7459/2025 SAIDUR RAHMAN S/O ISMAIL ALI VILL. - LONGJUMP 700 ACRE (PADUMONI) MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON (ASSAM) PIN - 782426 VERSUS THE STATE OF ASSAM AND 8 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. Page No.# 8/17 5:THE CHIEF CONSERVATOR OF FORESTS ASSAM PANJABARI GUWAHATI-37. 6:THE DIVISIONAL FOREST OFFICER 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 782426 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/7410/2025 ALI HUSSAIN S/O JANGSER ALI VILL. - LONGJUMP MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON ASSAM PIN-782426. Page No.# 9/17 VERSUS THE STATE OF ASSAM AND 8 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 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 782426. Page No.# 10/17 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/7423/2025 MAHAR ALI S/O ABBAS ALI VILL. - LONGJUMP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON ASSAM PIN-782426 VERSUS THE STATE OF ASSAM AND 8 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 Page No.# 11/17 ASSAM PANJABARI GUWAHATI-37. 6:THE DIVISIONAL FOREST OFFICER 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 782426 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/7422/2025 IBRAHIM S/O ILAHI BAKSH VILL. - LONGJUMP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON ASSAM PIN -782426 VERSUS THE STATE OF ASSAM AND 8 ORS Page No.# 12/17 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 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 Page No.# 13/17 KACHUA POLICE STATION NAGAON PIN 782426 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/7420/2025 MOMTAJ ALI S/O INTAJ ALI VILL. - LONGJUMP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON ASSAM PIN -782426 VERSUS THE STATE OF ASSAM AND 8 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 Page No.# 14/17 GUWAHATI-37. 5:THE CHIEF CONSERVATOR OF FORESTS ASSAM PANJABARI GUWAHATI-37. 6:THE DIVISIONAL FOREST OFFICER 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 782426 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : WP(C)/7434/2025 NIJAM UDDIN S/O ABBAS ALI VILL. - LONGJUMP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. - BARPANI P.S. KOCHUA DIST. - NAGAON ASSAM PIN - 782426 Page No.# 15/17 VERSUS THE STATE OF ASSAM 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 NAGAON DIVISION NAGAON PIN -782001. 7:THE DISTRICT COMMISSIONER NAGAON DISTRICT NAGAON PIN -782001. 8:THE CIRCLE OFFICER Page No.# 16/17 KAMPUR REVENUE CIRCLE NAGAON PIN - 782426. 9:THE OFFICER IN CHARGE KACHUA POLICE STATION NAGAON PIN 782426 ------------ Advocate for : MS. S B CHOUDHURY Advocate for : SC FOREST appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 19-12-2025 All these cases being analogous are heard together and as agreed to by the learned counsel for the parties are disposed of at the motion stage itself. The grievance of the petitioners is with regard to an eviction notice dated 21.11.2025 issued by the DFO, Nagaon. By the said notice, the petitioners were directed to produce the documents to support their possession over the plots of land within a period of 15 days failing which they are to be evicted from the said land. I have heard Ms. S. B. Choudhury, learned counsel for the petitioners in all the cases. I have also heard Shri P. N. Goswami, learned Addl. AG for the respondents as well as Shri D. Gogoi, learned Standing Counsel Forest Department. The learned counsel for the petitioners has submitted that they are in occupation of land in question since a long period of time and the same is not any reserved forest land. It is contended that the representations have been filed after the impugned notice which have not been considered. Page No.# 17/17 Shri Goswami, the learned Addl. AG has submitted that adequate time was granted to the petitioners to show cause which does not appear to have been done and the land in question are reserved forest land. He has emphasized the requirement of making all forest land encroachment free which is also the mandate of the Hon’ble Supreme Court. Considering the rival submissions and balancing the equities, irrespective of whether any reply has been filed earlier or not, let fresh replies be submitted against the Show Cause Notice within 26.12.2025 along with documents. If such replies are filed within the specified time, the same are required to be considered expeditiously in which the petitioners be given an opportunity of personal hearing. It is made clear that in case the replies are not filed within the time specified, the respondent authorities would be at liberty to proceed in accordance with law. It is also provided that in case the consideration goes against the petitioners, further 15 days time be afforded to them to vacate the land in question failing which the authorities would have the liberty to take actions in accordance with law. All the writ petitions stand disposed of. JUDGE Comparing Assistant