Page No.# 1/7 GAHC010272132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7021/2025 ALI HUSSAIN AND 47 ORS S/O. FAKHAR UDDIN 2: KAMAL UDDIN S/O. ABDUL JABBAR 3: JALAL UDDIN S/O. LATE INTAJ ALI 4: MUBARAK HUSSAIN S/O. ALA UDDIN 5: RAHMAT ALI S/O. NIMAR ALI 6: MD. AZIR UDDIN S/O. MAHAMAD ALI 7: ABDUL JALIL S/O. REKHMAN ALI 8: MD. ALIM UDDIN S/O. ABDUL BARI 9: MD. NIZAM UDDIN S/O. ABDUL LATIF 10: SAYERA KHATUN W/O. AZAB ALI 11: MATAHIR ALI S/O. NISAR ALI 12: GULAP HUSSAIN Page No.# 2/7 S/O. FAKAR UDDIN 13: BILAL UDDIN S/O. NOOR UDDIN 14: KAMAL UDDIN S/O. MOJAMIL ALI 15: ANWAR HUSSAIN S/O. JALAL UDDIN 16: NAJIR HUSSAIN S/O. ALA UDDIN 17: FAKHAR UDDIN S/O. INTAJ ALI 18: ALI AKBAR S/O. IDRIS ALI 19: LUTFUR RAHMAN S/O. SIDDEQUE ALI 20: DILOWAR HUSSAIN S/O. ALA UDDIN 21: NIJAM UDDIN S/O. ATAUR RAHMAN 22: MUHIBUR RAHMAN S/O. LATE JUNAB ALI 23: KAMRUL ISLAM S/O. ALA UDDIN 24: JABER HUSSAIN S/O. FORIJ UDDIN 25: KAMAL UDDIN S/O. JAMIR UDDIN PETITIONER NO.1 TO PETITIONER NO.25 ARE THE RESIDENT OF VILL. PASCHIM JAMUNA GAON P.O. KOROIGURI P.S. MURAJHAR DIST. HOJAI ASSAM PIN.782440. Page No.# 3/7 26: MOHAMMAD DILWAR HUSSAIN S/O. ABDUL SAMAD 27: TOYBUR RAHMAN S/O. INSAN ALI 28: BURHAN UDDIN S/O. JAMIR UDDIN 29: BADRUL HAQUE S/O. SAMIR UDDIN 30: ANOWAR HUSSAIN S/O. KOPIL UDDIN 31: MAKADDAS ALI S/O. ANI MIYA 32: BABUL HUSSAIN S/O. ABDUL KADIR 33: AINUL HAQUE S/O. IDRIS ALI 34: ABDUR REJAK S/O. NAZIM UDDIN 35: SAIF UDDIN S/O. ALA UDDIN 36: BABUL HUSSAIN S/O. MANTAJ ALI 37: NAZIM UDDIN S/O. KARAMAT ALI 38: MUJIBUR RAHMAN S/O. ABDUL GAFUR 39: JAKIR HUSSAIN S/O. MANTAJ ALI 40: BAHAR UDDIN S/O. ABDUL JABBAR PETITIONER NO.26 TO PETITIONER NO.40 ARE THE RESIDENT OF VILL. UDMARI P.O. KOROIGURI Page No.# 4/7 P.S. DABOKA DIST. HOJAI ASSAM PIN.782440. 41: FAYAJ ALI S/O. RASID ALI 42: CHABIR AHMED S/O. REHMAN ALI 43: JUBAIR AHMED S/O. MARAM ALI 44: ABDUL RAHIM S/O. AZIR UDDIN 45: USMAN ALI S/O. NIMAR ALI 46: AMIR ALI S/O. ABDUL BARI 47: SUKKUR ALI S/O. FAIJUL HAQUE 48: ABDUL ABID S/O. AMIR ALI PETITIONER NO.41 TO PETITIONER NO.48 ARE THE RESIDENT OF VILL. PUB JAMUNA GAON P.O. AMBARI P.S. MURAJHAR DIST. HOJAI ASSAM PIN.782440 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHAT-6 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST ASSAM PANJABARI GUWAHATI-781037 Page No.# 5/7 3:THE DIVISIONAL FOREST OFFICER NOGAON SOUTH FOREST DIVISION HOJAI DIST. HOJAI ASSAM PIN 782435 4:THE DISTRICT COMMISSIONER HOJAI SANKARDEV NAGAR P.O. AND DIST. HOJAI ASSAM PIN 782442 5:THE CIRCLE OFFICER DOBOKA REVENUE CIRCLE DOBOKA TOWN HOJAI ASSAM PIN.78244 Advocate for the Petitioner : MR. S B LASKAR, MR. A S TAPADER,MR. H A LASKAR,MS D DUTTA Advocate for the Respondent : GA, ASSAM, SC, FOREST,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 10.12.2025 Heard Shri SB Laskar, learned counsel for the petitioners. Also heard Shri D. Gogoi, learned Standing Counsel, Forest Department and Ms. M. Barman, learned State Counsel for the State respondent . 2. It may be mentioned that when this matter was listed on 08.12.2025, the learned Standing Counsel was directed to obtain instructions, which he has accordingly done. 3. As per the facts projected, the petitioners, who are 48 in nos., are Page No.# 6/7 aggrieved by an eviction notice dated 10.10.2025 issued by the DFO, Nagaon, South Forest Division wherein it has been stated that the area in question occupied by the petitioners are part of the Jamuna Maudanga Reserved Forest. It is the case of the petitioner that the impugned action is without any jurisdiction as the area in question was not declared as a Reserved Forest. It is contended that the area in question is a revenue village. 4. Shri Gogoi, learned Standing Counsel, Forest Department has however refuted the aforesaid submission on facts and has contended that the area falls under the Jamuna Maudanga Reserved Forest which was declared as reserved forest in the year 1918. He has also submitted that though similar petitions were filed, no relief as such was given and the only relief was a direction to consider the representation in accordance with law. He has also submitted that the Hon’ble Division Bench vide an order dated 18.08.2025 passed in a bunch of cases including Suo Moto PIL No. 1/2022 has directed for removal of the illegal encroachments from Reserved Forest by giving an opportunity of 15 days. 5. The rival submissions and the materials placed before this Court including the written instructions have been duly considered. 6. There is an urgent requirement to take steps by all concerned for preservation of the environment in general and the Reserved Forest in particular. The importance of the same has been reiterated by the Hon’ble Supreme Court in a catena of decisions. The Hon’ble Division Bench in Suo Moto PIL No. 1/2022 has also passed an order dated 18.08.2025 directing for removal of illegal encroachment by giving an opportunity of 15 days to explain and another 15 days to vacant the land in case of acceptable explanation can be given. 7. In terms of the aforesaid provision of law, it is provided that the Page No.# 7/7 representations / replies that might have been filed by the petitioners pursuant to the notice dated 10.10.2025 be considered in accordance with law and till such consideration, no action for their eviction be taken. It is further provided that if any of the petitioners, till now, have not filed such representations / replies, those may be filed within an extended time of a week from today which, if done, is directed to be considered in accordance with law. The petitioners are also required to be given a hearing and they would have the liberty to support their representations / replies by documents. 8. By following the order of the Hon’ble Division Bench, it is directed that if the explanation is not found to be acceptable, 15 days time be given to the petitioners to vacate, failing which, all necessary steps for removing the encroachment can be taken by the authorities. 9. The writ petition accordingly stands disposed of. 10. The written instructions placed before this Court are made part of the records. JUDGE Comparing Assistant