Page No.# 1/7 GAHC010285492025 2025:GAU-AS:17699 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7443/2025 MAGBUL HUSSEN AND 21 ORS. C/O-JANAB ALI,VILLAGE JURIPAR, P.O.-JURIPARDIST.-NAGAON, ASSAM, 782426 2: AJGAR ALI S/O-CHIRAFAT ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON 3: ABDUL SUBAN S/O-ABDUL MANNAFVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 4: TARA BANU W/O-AKKAS ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 5: MD IDRIS ALI S/O-MARJAT ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 6: AIN HAQUE S/O-HAMED ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 7: BABUL HUSSEN S/O-AKKAS ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 8: AKKAS ALI Page No.# 2/7 S/O-JAMDAR ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 9: SAFIQUL ISLAM S/O-ABDUL HASENVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 10: SIRAJUL ISLAM S/O-ABDUL HASENVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 11: ROSIDUL ISLAM C/O-SURUJ ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 12: ABDUL ALI S/O-SAHAR ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 13: ABDUL HASEN C/O-ABDUL ALIVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 14: NURJAHAN BIBI C/O-AJIM UDDINVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 15: JALAL UDDEN S/O-ABUL RAHMANVILLAGE-LONGJUP PADUMONIP.O.- BAITHALANGSHODIST.-NAGAON ASSAM 782426 16: HACHINA KHATUN C/O-NURUL HUDAVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 17: SAIFUL ISLAM S/O-ABDUL KALAMVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON Page No.# 3/7 ASSAM 782426 18: KAMAL UDDIN S/O-SUKUR ALIVILLAGE-LONGJUP PADUMONIP.O.- BAITHALANGSHODIST.-NAGAON ASSAM 782426 19: ABDUL SWAHID S/O-ABDUL BAREKVILLAGE-LONGJUP PADUMONIP.O.- BAITHALANGSHODIST.-NAGAON ASSAM 782426 20: OMAR PHARUK S/O-FARIDUL ISLAMVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 21: ABU TAHER C/O-ABDUL KADIRVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 782426 22: ANUWARA KHATUN W/O-JAMAL UDDINVILLAGE-JURIPARP.O.-JURIPARDIST.-NAGAON ASSAM 78242 VERSUS UNION OF INDIA AND 9 ORS TO BE REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI, INDIA 2:THE STATE OF ASSAM TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 3:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX Page No.# 4/7 DISPUR GUWAHATI- 781006 4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 5:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037. 6:DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM. 7:DISTRICT COMMISSIONER NAGAON ASSAM 8:SUPERINTENDENT OF POLICE NAGAON ASSAM 9:CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM. 10:OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSA Advocate for the Petitioner : MR. A R BHUYAN, MR N A MAZARBHUIYA,S LASKAR,MR N Z CHOUDHURY Advocate for the Respondent : SC. REVENUE, DY.S.G.I.,SC, FOREST,GA, ASSAM Page No.# 5/7 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 19.12.2025 Heard Mr. A. R. Bhuyan, learned counsel for the petitioners. 2. Challenge made in this writ petition is to the notice dated 21.11.2025, issued by the Divisional Forest Officer, Nagaon Forest Division, whereby the petitioners have been directed to vacate the lands located within the Lutumai Reserve Forest in the district of Nagaon within 15 (fifteen) days. 3. It is the contention of the petitioners that on receipt of the eviction notice dated 21.11.2025, they have submitted the required documents in support of their possession of the lands. The lands under the possession of the petitioners fall under the revenue village which is outside the boundary of Lutumai Reserve Forest. The authorities have not considered the same instead issued the impugned notice of eviction. 4. Mr. Bhuyan, learned counsel for the petitioners, submits that despite submission of documents as directed, no consideration has been made as on today and the petitioners would be evicted without adjudication of their claim. He submits that the lands under the possession of the petitioners do not fall within the Lutumai Reserve Forest. Page No.# 6/7 5. Mr. P. N. Goswami, learned Additional Advocate General, referring to the judgment rendered in the case of Abdul Khalek in WA No. 251/2025, submits that this Court has mandated that the encroachers of the reserve forest shall be evicted. While doing so, if it is found that there are some settlers, even though unauthorized, they ought to be given a reasonable period of 15 (fifteen) days time and thereafter a further period of 15 (fifteen) days for exiting encroached land. He submits that the petitioners have failed to bring on record any material to substantiate the claim that any representation or supporting documents were submitted before the authority, except the bald submission made by the learned counsel for the petitioners. 6. Upon consideration of the matter, it would reveal that except for the copy of the impugned notice of eviction dated 21.11.2025, issued by the Divisional Forest Officer, Nagaon Forest Division, no any other document is placed on record in support of the claim of the petitioners that the lands in their possession falls outside the boundary of the Lutumai Reserve Forest. Thus, in absence of such material, it would be difficult for this Court to determine as to whether the petitioners have any right to claim over the lands in question. However, since this Court in WA No. 251/2025 has permitted even the unauthorized occupants within the reserve forest land to provide an opportunity, this Court deems it appropriate, in the interest of justice, to permit the petitioners to approach the competent authority by filing representations along with supporting documents for appropriate consideration. 7. Accordingly, this writ petition is disposed of with a direction to the petitioners to file representations before the Divisional Forest Officer, Nagaon Page No.# 7/7 Forest Division, within a period of 7 (seven) days from today, enclosing all relevant documents in support of their claim. On receipt of the representations that would be filed by the petitioners, the Divisional Forest Officer, Nagaon Forest Division, shall consider the same and pass a reasoned order in accordance with law within a period of 15 (fifteen) days thereafter. 8. It is made clear that in the event the petitioners fail to submit the representation within above prescribed period, the respondent authorities shall be at liberty to proceed with in terms of the impugned eviction notice dated 21.11.2025. 9. Till completion of the exercise, as directed hereinabove, status quo as on today shall be maintained. 10. Writ petition stands disposed of. JUDGE Comparing Assistant