Page No.# 1/8 GAHC010238962025 2025:GAU-AS:14828 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6217/2025 AKBAR ALI AND 58 ORS. S/O- JUGUMUDDIN SHEIKH 2: IMAN ALI S/O- JUGUMUDDIN KAMAR 3: HARMUJ ALI S/O- OCHMAN SHEIKH 4: EBAD ALI S/O- OCHMAN SHEIKH 5: CHALEHA KHATUN C/O- GANJER ALI 6: TAMEJ ALI S/O- OSMAN SHEIKH 7: NAZMUL HAQUE S/O- JONAB ALI 8: AMJAD ALI S/O- NABJECH ALI 9: MALLIKA KHATUN W/O- JABED ALI 10: TARIFJAN BEWA W/O- CHORHAB ALI PARAMANIK 11: MOYNAL HOQUE S/O- CHOBAHAN ALI 12: ANOWARA BEGUM Page No.# 2/8 W/O- CHOBAHAN ALI 13: MONOWAR HUSSAIN S/O- CHOBAHAN ALI 14: ABDUS CHAMAD S/O- JAMSED ALI 15: AKBAR ALI S/O- ABDUL KARIM MUNCHI 16: AJAGAR ALI S/O- SHUKUR MAMUD 17: ARFAN ALI S/O- JAGIR ALI 18: MOFIDUL ISLAM S/O- SOBAHAN ALI 19: CHOBAHAN ALI S/O- JAMCHED ALI 20: HASEN ALI S/O- ABDUR RAHIM ALI 21: ALI HUSSAIN S/O- AMZAD ALI 22: SUKUR ALI S/O- ELAHI MOLLAH 23: SAHA ALOM S/O- HACHEN ALI 24: SAKET ALI S/O- KASEM ALI 25: MALLIKA KHATUN W/O- NOUSHAD 26: NAZMAL HOQUE S/O- BABUR ALI 27: AZMAL HOQUE S/O- BABUR ALI 28: SAHAJUDDIN AHMED Page No.# 3/8 S/O- ABDUL HAMID 29: SOMESH ALI S/O- NOBJESH ALI 30: IDRISH ALI S/O- CHOBAHAN ALI 31: HABIBAR RAHMAN S/O- ABDUL GAFUR 32: INSAN ALI S/O- ABDUL SALAM 33: SAHAR ALI S/O- ABDUS SALAM 34: FAJAR ALI S/O- PASAN ALI 35: DALIMAN BEWA W/O- ABDUS CHALAM 36: CHAPURI KHATUN C/O- CHURAMAN ALI 37: ROSTAM ALI S/O- MOKCHED ALI 38: ROHIMA KHATUN C/O- HATEM ALI 39: ATOR ALI S/O- AJAD ALI 40: ANOWAR ALI S/O- ARMAN ALI 41: DELBAR HUSSAIN S/O- AJAD ALI 42: BASER ALI S/O- SAHAR ALI 43: SAHAR ALI S/O- SOHOR ALI 44: SAMSUL HAQUE Page No.# 4/8 S/O- ABUL HUSSAIN 45: ABDUL HAI S/O- AJAHAR ALI 46: ABDUL HUSSAIN S/O- JAMCHED ALI 47: SAMSUDDIN ALI S/O- ABUL HUSSAIN 48: INCHAB ALI S/O- MOKCHED ALI 49: HAFIJUL HAQUE S/O- NUR ISLAM MIAH 50: MOTLEB ALI S/O- ABDUL SALAM 51: ROBIUL HUSSAIN S/O- AKBAR ALI 52: ASAN ALI S/O- FAZAR ALI 53: AMIRAN NESSA W/O- RAHAM ALI 54: SAJAHAN BADASHA S/O- ABUL KASHEM 55: HACHEM ALI S/O- AHEJ ALI 56: JAHIRUL ISLAM S/O- KURPAN ALI 57: HARAN ALI S/O- KUTU SHEIKH 58: HAREJ ALI S/O- JALIL SHEIKH 59: REHENA BEGUM W/O- ABDUR RASHID. ALL ARE THE RESIDENT OF VILL. ALL ARE THE RESIDENT OF VILL. DUBAPARA LUPTACHAR UNDER BHATIAPARA REVENUE AREA P.O. DUBAPARA Page No.# 5/8 P.S. MORNAI DIST. GOALPARA ASSAM PIN.78310 VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST ASSAM PANJABARI GUWAHATI-781037 3:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS LOWER ASSAM ZONE BASISTHA GUWAHATI-29 4:THE DIVISIONAL FOREST OFFICER GOALPARA FOREST DIVISION P.O. BALADMARI P.S. AND DIST. GOALPARA ASSAM. PIN- 783121 5:THE DISTRICT COMMISSIONER GOALPARA P.O. AND DIST. GOALPARA ASSAM PIN- 783101 6:THE CIRCLE OFFICER MATIA CIRCLE P.O. MATIA DIST.- GOALPARA ASSAM PIN.78312 Advocate for the Petitioner : MR. S B LASKAR, A. H. AHMED,MS D DUTTA,MR. H A LASKAR,MR. A S TAPADER Advocate for the Respondent : SC, FOREST, GA, ASSAM Page No.# 6/8 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 03.11.2025 1. Heard Ms. S.B Laskar, learned counsel for the petitioners. Also heard Mr. P.N Goswami, learned Additional Advocate General appearing for the Forest Department. 2. The petitioners are residents of Dubapara-Luptachar village, under Bhatipara Revenue Area (Matia Circle), Goalpara. The petitioners claim to possess Myadi patta land/government khas land. Assailing the eviction notices issued by the Forest authority, the present writ petition is filed. 3. Referring the notification dated 05.04.1973 issued in exercise of power under section 17 of the Assam Forest Regulation, 1891, the learned counsel for the petitioners contends that the land in question is outside the boundary notified under the said notification dated 05.04.1973 and therefore, the forest authorities could not have issued such notice. 4. Mr. Goswami, learned Addl. AG representing the Forest Department, referring to the impugned notices submits that the petitioners were asked to submit their claim/representation/ justification with supporting documents, if any, establishing the legality of their occupation over the said forest land within 15 days from the date of issuance of such notices. 5. Mr. Goswami, further submits that the Forest Department has no intention to evict any person beyond the Page No.# 7/8 notified reserve forest, and for that purpose, the notice has been issued so that, they after hearing the notices, the department can arrive at a subjective satisfaction that the land in question is not within the boundary of the Reserve Forest. He also submits that the authority shall consider all the claims of the petitioners, including the claims that the petitioners are residing outside the boundary of the reserve forest, inasmuch as to ascertain such disputed facts, they shall take assistance from the revenue authorities by doing a joint verification. 6. 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 claim of right to claim. 7. 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. 8. 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 Page No.# 8/8 natural justice. 9. 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 Articles 14, 19 and 21 of the Constitution of India. 10. In view of the aforesaid, and the stand taken by the learned Addl. Advocate General, this court is of the opinion that the writ petition can be disposed of by directing the respondent Forest Department to consider the representation of the petitioners. The petitioners may also file a fresh representation within 10 days from today before the Office of the District Forest Authority, Goalpara. 11. The District Forest Authority, Goalpara to accept the representation filed by the petitioners and pass a speaking order by considering the grievance raised by the petitioners. 12. The period of 10 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. 13. This disposes the writ petition. JUDGE Comparing Assistant