Page No.# 1/10 GAHC010243282025 2025:GAU-AS:14830 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6227/2025 SAR BANU @ CHAR BANU AND 24 ORS D/O - LT ABDUL BAREK @ A BAREK, W/O- NURUL HAQUE, R/O AMDUBI (NO 9 KHRONI), LUTUMARI MUKTA BONANCHAL, UNDER KACHUA POLICE STATION, IN THE DISTRICT OF NAGAON ASSAM- 782426 2: MINARA BEGUM DAUGHTER OF AMIR UDDIN WIFE OF GIYAS UDDIN RESIDENT OF VILLAGE- AMDUBI (BORPUKHURI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 3: AFAJ UDDIN SON OF LATE WAHED ALI RESIDENT OF VILLAGE-NO. 1 MAJGAON LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 4: DULAL UDDIN SON OF KUDDUS ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL Page No.# 2/10 UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 5: SALEHA KHATUN WIFE OF ABDUL SALAM RESIDENT OF VILLAGE-MAZGAON (NO. 9 KHRONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICESTATION IN THE DISTRICT OF NAGAON ASSAM-782426. 6: SAIFUDDIN SON OF LATE NURUL ISLAM RESIDENT OF VILLAGE- AMDUBI LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426 7: SAMSUN NEHAR DAUGHTER OF IMAN ALI WIFE OF AJIJUL HAQUE RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 8: SAMALA KHATUN DAUGHTER OF LATE NURUL ISLAM WIFE OF MINNATH ALI RESIDENT OF VILLAGE AMDUBI (ALITANGANI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. Page No.# 3/10 9: MAIJUL ISLAM SON OF ABDUL MALEK RESIDENT OF VILLAGE-MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426 10: AKBAR ALI SON OF FAIJUL HAQUE RESIDENT OF VILLAGE- KHERONI MAZGAON LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 11: SHIRAJ ALI SON OF LATE IJJAT ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 12: MAHIDUL ISLAM SON OF NIJAM UDDIN RESIDENT OF VILLAGE- MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 13: ALAL UDDIN SON OF UMAR ALI RESIDENT OF VILLAGE-NO. 9 KHERONI LUTUMARI MUKTA BONANCHAL Page No.# 4/10 UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 14: NUR HUSSAIN SON OF LATE ACHAR ALI @ ASAR ALI RESIDENT OF VILLAGE- AMDUBI MAJGAON LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 15: PARBINA BEGUM WIFE OF FUJAIL ALOM RESIDENT OF VILLAGE- AMDUBI LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 16: KHALILUR RAHMAN SON OF LATE HABIBUR RAHMAN RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 17: ABDUL KALAM SON OF ABDUL MUTALIB RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426 18: SAIDUL ISLAM SON OF LATE HABIBUR RAHMAN RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL Page No.# 5/10 UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 19: JYOTSNARA BEGUM WIFE OF LATE SURUJ ALI RESIDENT OF VILLAGE-AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 20: MATIUR RAHMAN (MINOR) REPRESENTED BY FATHER ABDUL ALI AGED ABOUT 55 YEARS SON OF SONAFAR ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 21: ABDUL BACHAR SON OF SIRAJ ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 22: JAHANARA BEGUM WIFE OF MD. JAKIR HUSSAIN RESIDENT OF VILLAGE-AMDUBI (JENGANI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426. 23: BAHARUL ISLAM SON OF LATE KERAMAT ALI RESIDENT OF VILLAGE- MAZGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON Page No.# 6/10 ASSAM-782426. 24: NAJIRUL ISLAM SON OF LATE HARAJAT ALI RESIDENT OF VILLAGE- MAZGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426 25: KHAIRUL ISLAM SON OF INSAN ALI RESIDENT OF VILLAGE-AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL UNDER KACHUA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM-782426 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI - 781006, ASSAM 2:THE DISTRICT COMMISSIONER NAGAON D.C. OFFICE COMPLEX B.M. ROAD AMOLAPATTY NAGAON ASSAM-782002. 3:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM-782426. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI KAMRUP(M) ASSAM. PIN- 781037. Page No.# 7/10 5:DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION PASCHIM DHANIRAM PATHER NAGAON ASSAM-782436. 6:FOREST RANGE OFFICER KAMPUR FOREST RANGE BURHAPATIA NAGAON ASSAM-782426 Advocate for the Petitioner : MS. D GHOSH, MR A.K. HAJONG,MR I CHAKMA Advocate for the Respondent : SC, FOREST, FOR CAVEATOR,MR. P N GOSWAMI,SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 03.11.2025 1. Heard Ms. D Ghosh, learned counsel for the petitioners. Also heard Mr. P.N Goswami, learned Additional Advocate General appearing for the Forest Department. 2. The petitioners claim to be landless indigenous people who are residents of Ranipukhuri Non-Cadastral (N.C) under Kampur Revenue Circle, District-Nagaon, Assam. 3. It is the case of the petitioners that separate show cause notices dated 08.10.2025 (Annexure-1 series) have been issued to the petitioners by the Divisional Forest Authority, Nagaon Forest Division, alleging that the petitioners are illegally encroaching the land of Lutumai Reserve Forest and within its defined boundaries. 4. In the aforesaid notice, the petitioners were asked to submit any claim, representation or supporting documents to justify Page No.# 8/10 their occupation of the forest land within 15 days from the date of issuance of the notice. 5. It is the case of the petitioners that the Directorate of Surveys, Assam is conducting a survey as the village is Non Cadastral. Accordingly, a communication dated 02.06.2025 (Annexure-3) was issued to the Circle Officer, Kampur Revenue Circle by the Joint Director of Surveys, Assam, Dakhingaon. 6. The said communication indicates that the survey of 6 Non-Cadastral villages in question remained incomplete due to a contention raised by the Forest Department to the effect that the area is under the Lutumai Reserve Forest. 7. In the aforesaid backdrop, it is contended that the petitioners though intended to file representation raising their claim including the claim that since it is declared as a revenue village and schools, Anganwadi centers are running from the said village, it is not within the jurisdiction of the Forest Department to issue such a notice, however, such representation has not been accepted by the District Forest Officer who issued the notice. 8. Mr. P.N. Goswami, learned Addl. Advocate General, Assam representing the Forest Department submits that the Divisional Forest Authority shall accept and receive the representation filed by the petitioners and consider the contentions raised in the writ petition, including the claim that such land is not within the boundary of Lutumai Reserve Forest but within a Non-Cadastral revenue village. 9. Mr. Goswami, further submits that for the purpose of Page No.# 9/10 determining such disputed facts, they shall also take a joint verification along with the revenue authorities and the Director of Surveys. 10. Forest lands are outside the purview of settlement, however, there may be various situations, such as question of disputes pertaining to the boundary of such forest or there may be disputes related to reservation or de-reservation of the land for forest or for that matter, there may be a dispute that the persons who have been granted the settlement in respect of a land even before being declared as reserved forest etc. such may involve a bona-fide right to claim. 11. Thus, when forest land cannot be settled, however, when a bona fide claim is raised, the affected persons should be given a proper opportunity to be heard. 12. In the opinion of this Court, when the bonafide claim of right is raised, the authority cannot be permitted to unilaterally decide as to whether an occupier/possessor has a bonafide claim of the right involved, inasmuch as, it would require adjudication of both law and facts and without providing any opportunity to the occupier/ possessor, it would be in violation of principle of natural justice, 13. Under such circumstances, issuance of a notice shall be necessary to form a subjective satisfaction, which is in consonance with the principles of natural justice inasmuch as the same will facilitate a just, fair and transparent procedure, which are facets of Page No.# 10/10 Articles 14, 19 and 21 of the Constitution of India. 14. In view of the aforesaid, this writ petition stands disposed of, directing the Divisional Forest Authority, Nagaon, to accept the representation filed by the petitioners within 10 days from today, and pass a speaking order and thereafter, to consider the grievance raised by the petitioners, including the jurisdiction of the forest authorities. 15. The survey report will also be furnished to the petitioners. 16. The period of 15 days shall start from the receipt of such representation, which the petitioners shall file along with a copy of this order within a period of 10 days from today. The speaking order so passed may be communicated to the petitioners along with the joint survey report, if any. 17. Mr. Goswami, learned Addl. AG submits that till the period indicated above is over and as proposed in the notice, the forest authority will not carry out any eviction, so far as the same relates to the petitioners. 18. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant