Page No.# 1/4 GAHC010285522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7429/2025 ANOWAR HUSSAIN S/O LATE JAHUR ALI, RESIDENT OF LUTUMARI MUKTA BANANCHAL, PO DAMAIHAKI DAPARA, PS KACHUA, DIST NAGAON, ASSAM 2: RAKIBUL ISLAM S/O LATE MANNAS ALI RESIDENT OF LUTUMARI MUKTA BANANCHAL PO DAMAIHAKI DAPARA PS KACHUA DIST NAGAON ASSAM 3: ABDUL HEKIM S/O LATE HARES ALI RESIDENT OF LUTUMARI MUKTA BANANCHAL PO DAMAIHAKI DAPARA PS KACHUA DIST NAGAON ASSAM 4: MIRAJUL ISLAM S/O LATE JAMAL UDDIN RESIDENT OF LUTUMARI MUKTA BANANCHAL PO DAMAIHAKI DAPARA PS KACHUA DIST NAGAON ASSAM 5: JALAL UDDIN Page No.# 2/4 S/O SAHED ALI RESIDENT OF LUTUMARI MUKTA BANANCHAL PO DAMAIHAKI DAPARA PS KACHUA DIST NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY ITS COMMISSIONER AND SECRETARY, ENVIRONMENT ANDFOREST DEPARTMENT, JANATA BHAWAN,DISPUR, GUWAHATI- 781006. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI 781037 3:THE DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION NAGAON ASSAM 782001 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 06 ASSAM. 5:THE DISTRICT COMMISSIONER NAGAON ASSAM 782001 6:THE SUPERINTENDENT OF POLICE NAGAON DIST NAGAON ASSAM 782001 7:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE KAMPUR NAGAON ASSAM 782426 Page No.# 3/4 8:THE OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSAM 782426 9:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR ASSAM GUWAHATI 3 Advocate for the Petitioner : K U AHMED, E DEVI Advocate for the Respondent : GA, ASSAM, SC, FOREST,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 19-12-2025 Heard Shri K. U. Ahmed, learned counsel for the petitioners. Also heard Shri P. N. Goswami, learned Addl. AG appearing for the respondents. Considering the subject matter involved and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage. The grievance of the petitioners is with regard to an eviction notices dated 08.10.2025 and 08.12.2025 issued by the DFO, Nagaon. By the said notices, 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. 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 Page No.# 4/4 have been filed after the impugned notice which have not been considered. 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 Notices 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. The writ petition stands disposed of. JUDGE Comparing Assistant