Page No.# 1/13 GAHC010244072025 2025:GAU-AS:14859 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6257/2025 KASEM ALI ALIAS KASHAM ALI AND 29 ORS SON OF NUR JAMAL,RESIDENT OF VILLAGE AMDUBI, NO. 9 KHERONI, LUTUMARIMUKTA BONANCHAL,POLICE STATION- KACHUA,DISTRICT- NAGAON,ASSAM-782426. 2: NURJAHAN KHATUN DAUGHTER OF LATE KHIDIR ALI WIFE OF SAHIDULLA RESIDENT OF VILLAGE AMDUBI JURIPAR BORPANI LUTUMARIMUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT-NAGAON ASSAM-782426 3: HARUN RASHID AGED ABOUT 49 YEARS SON OF LATE KERAMAT ALI RESIDENT OF VILLAGE 1 NO. MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 4: RAFIKUL ISLAM AGED ABOUT 32 YEARS SON OF ABDUL MATIN Page No.# 2/13 RESIDENT OF VILLAGE 1 NO. MAJGAON LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 5: NAUCHAD ALI AGED ABOUT 38 YEARS WIFE OF NURUL AMIN RESIDENT OF VILL 1 NO. MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 6: SIRAJUL ISLAM AGED 42 YEARS SON OF NIJAM UDDIN RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT-NAGAON ASSAM-782426. 7: DILDAR HUSSAIN TATE ALI HUSSAIN AGED ABOUT 39 YEARS SON OF TATE ALI HUSSAIN RESIDENT OF VILLAGE- AMDUBI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 8: AFIYA KHATUN Page No.# 3/13 AGED ABOUT 29 YEARS DAUGHTER OF KHAIRUL ISLAM RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 9: KHALEKUL JAMAN AGED ABOUT 59 YEARS SON OF INSAN ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 10: GULJAR HUSSAIN AGED ABOUT 30 YEARS SON OF LATE INNACH ALI RESIDENT OF VILLAGE- AMDUBI (NO. KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 11: NAJRUL ISLAM AGED ABOUT 37 YEARS Page No.# 4/13 SON OF KUDDUCH ALI @ KUDDUS ALI RESIDENT OF VILLAGE AMDUBI (JURIPAR BARAPANI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 12: EACHIN ALI AGED ABOUT 27 YEARS SON OF LATE NURUL ISLAM RESIDENT OF VILLAGE 1 NO. MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 13: MAHAMMAD ALI AGED ABOUT 45 YEARS SON OF LATE NURUL ISLAM RESIDENT OF VILLAGE 1 NO. MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 14: ABDUL MUTALIB AGED ABOUT 63 YEARS SON OF AIN UDDIN RESIDENT OF VILLAGE UDMARI PAR AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA Page No.# 5/13 DISTRICT- NAGAON ASSAM-782426. 15: RABIKUL ISLAM AGED ABOUT 37 YEARS WIFE OF ABDUL MALEK RESIDENT OF VILLAGE AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 16: AFAJ UDDIN AGED 48 YEARS SON OF LATE HAJARAT ALI RESIDENT OF VILLAGE- 1 NO. MAJGAON AMGURI (KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT-NAGAON ASSAM-782426. 17: GIYAS UDDIN AGED ABOUT 46 YEARS SON OF SAFIR UDDIN @ SOFORUDDIN RESIDENT OF VILLAGE- AMDUBI (KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 18: RAJIYA KHATUN Page No.# 6/13 AGED ABOUT 49 YEARS WIFE OF MAINUL HOQUE RESIDENT OF VILLAGE- AMDUBI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 19: JARINA KHATUN AGED ABOUT 58 YEARS WIFE OF ABDUL GAFUR RESIDENT OF VILLAGE- AMDUBI (SONARI GAON) LUTUMARI MUKTA BONANCHAL POLICE STATION- KAMPUR DISTRICT- NAGAON ASSAM-782426. 20: HASMAT ALI AGED ABOUT 31 YEARS SON OF LATE ABUL HUSSAIN RESIDENT OF VILLAGE- 1 NO. MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 21: ADUL JALIL AGED ABOUT 55 YEARS SON OF KANDU SHAK Page No.# 7/13 RESIDENT OF VILLAGE- AMDUBI (BALIKHATIA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426. 22: SAHAB UDDIN AGED ABOUT 34 YEARS SON OF LATE HAJARAT ALI RESIDENT OF VILLAGE AMDUBI (NO. 9 KHERONI) AMGURI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 23: IDRISH ALI AGED ABOUT 45 YEARS SON OF NUR MAHAMMAD RESIDENT OF VILLAGE AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 24: HAMED ALI AGED ABOUT 55 YEARS SON OF LATE MUSLEM UDDIN RESIDENT OF VILLAGE 2 NO. MAJGAON (KHERONI) LUTUMARI MUKTA BONANCHAL Page No.# 8/13 POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 25: NURUL AMIN AGED ABOUT 57 YEARS SON OF ISMAIL HUSSEN RESIDENT OF VILLAGE 1 NO. MAJGAON LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 26: ASADUL ISLAM AGED ABOUT 45 YEARS WIFE OF LATE HAJRAT ALI RESIDENT OF VILLAGE 1 NO. MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 27: ABDUL HAMID AGED 85 YEARS SON OF LATE FOZAR ALI RESIDENT OF VILLAGE- KHERONI MAJGAON LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHAU DISTRICT-NAGAON ASSAM. PIN-782426 28: AMINA KHATUN AGED ABOUT 55 YEARS DAUGHTER OF AKKAS ALI Page No.# 9/13 WIFE OF NUR JAMAL RESIDENT OF VILLAGE- BEDARIPAR (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 29: JOYNAL UDDIN AGED ABOUT 60 YEARS SON OF LATE ABDUL MALEK @ A. MALEK RESIDENT OF VILLAGE- AMDUBI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. 30: HASHINA KHATUN AGED ABOUT 34 YEARS DAUGHTER OF KUDDUS ALI WIFE OF MUMTAZ ALI RESIDENT OF VILLAGE- AMDUBI (DHAKHIN KALADUBA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-78242 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006, ASSAM 2:THE DISTRICT COMMISSIONER NAGAON Page No.# 10/13 DIST NAGAON PO NAGAON ASSAM 3:THE CIRCLE OFFICER KAMRUP REVENUE CIRCLE NAGAON 4:PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HOF ARYANYA BHAWN PANJABARI GHY KAMRUP M GUWAHATI ASSAM PIN- 781037. 5:DIVISIONAL FOREST OFFICER NAGAON FOREST DIV PASCHIM DHANIRAM PATHER NAGAON-782436. 6:FOREST RANGE OFFICER KAMRUP FOREST RANGE BURHAPATIA NAGAON ASSAM-782426 Advocate for the Petitioner : MS. D GHOSH, MR I CHAKMA Advocate for the Respondent : GA, ASSAM, MR. P N GOSWAMI,FOR CAVEATOR,SC, REVENUE,SC, FOREST - B E F O R E - HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 04.11.2025 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. Page No.# 11/13 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 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 Page No.# 12/13 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 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 Page No.# 13/13 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 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