Page No.# 1/10 GAHC010246662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6318/2025 AHMAD ALI AND 20 ORS. SON OF KASEM ALI,RESIDENT OF VILLAGE AMDUBI,PATHERTOLI, SAMGAON,LUTUMARI MUKTA BONANCHAL,POLICE STATION- KACHUA,DISTRICT- NAGAON, ASSAM. PIN782426 2: MANNAS ALI SON OF LATE RUSTOM ALI RESIDENT OF VILLAGE- AMDUBI (AMTOLA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 3: MAYDUL ISLAM SON OF MONNAS ALI RESIDENT OF VILLAGE- AMDUBI (AMTOLA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 4: SAHERA KHATUN DAUGHTER OF LATE AMJAT ALI WIFE OF ABDUL MUTALEB RESIDENT OF VILLAGE- LONGJAP (PADUMONI) HATIPUTI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON Page No.# 2/10 ASSAM. PIN-782426 5: GULJAR HUSEN SON OF ABDUL HUSEN RESIDENT OF VILLAGE-PADUMONI (KANDAPARA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 6: AMRAJUL HUSSAIN @ EAMARAJUL HUSSAIN SON OF LATE JAYANAL ABDIN RESIDENT OF VILLAGE- AMTOLA LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHAU DISTRICT-NAGAON ASSAM. PIN-782426 7: JAYNAL ABDIN @ JAYNAL ABDIN SON OF LATE IJJAT ALI RESIDENT OF VILLAGE- AMTOLA LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 8: NURUL ISLAM SON OF LATE ABDUL LATIF RESIDENT OF VILLAGE- PADUMONI (KANDAPARA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 Page No.# 3/10 9: NUR UDDIN SON OF LATE ABDUL KADIR RESIDENT OF VILLAGE- LONGJUP PADUMANI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 10: AJIBUR RAHMAN SON OF ALI AKBAR RESIDENT OF VILLAGE- PADUMONI (KANDAPARA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHAU DISTRICT- NAGAON ASSAM. PIN-782426 11: IKRAMUL HUSSAIN SON OF ABDUL MOTALEB @ ABDUL MUTALIB RESIDENT OF VILLAGE- PADUMONI LONGJAP LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN-782426 12: SAFIKUL ISLAM SON OF ABDUL MATALEB RESIDENT OF VILLAGE- PADUMONI. LONGJAP HATIPUTI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN- 782426 13: IMAN HUSSAIN Page No.# 4/10 SON OF ABDUL MATALIB RESIDENT OF VILLAGE- PADUMONI LONGJAP (HATIPUTI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN- 782426 14: SAIDUR RAHMAN @ SAYDUR RAHMAN SON OF AKBAR ALI RESIDENT OF VILLAGE- PADUMONI KANDAPARA LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 15: ABDUL BAREK SON OF NUR UDDIN RESIDENT OF VILLAGE- LONGJUP PADUMONI (KANDAPARA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM-782426 16: ISAB ALI SON OF AMAYAT ALI RESIDENT OF VILLAGE- PADUMONI HATIPARA (JURIPAR BARAPANI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN- 782426 17: JIYABUR RAHMAN SON OF ALI AKBOR RESIDENT OF VILLAGE- PADUMONI LUTUMARI MUKTA BONANCHAL Page No.# 5/10 POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN- 782426 18: SWABIBUR RAHMAN SON OF ALI AKBAR RESIDENT OF VILLAGE- PADUMONI (KANDAPARA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN-782426 19: MAMTAZ BEGUM @ MOMTAZ BEGUM WIFE OF HABIBUR RAHMAN RESIDENT OF VILLAGE- PADUMONI (KANDAPARA)LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN- 782426 20: MAHAMMAD ALI SON OF AKBAR ALI RESIDENT OF VILLAGE- PADUMONI KANDAPARA LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN- 782426. 21: JAHIRUL ISLAM SON OF AHMAD ALI RESIDENT OF VILLAGE- AMDUBI BUNDURA ATI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA Page No.# 6/10 DISTRICT- NAGAON ASSAM PIN- 782426 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE PRINCIPALSECRETARY TO THEGOVERNMENT OF ASSAM,REVENUE DISASTERMANAGEMENT DEPARTMENT,ASSAM SECRETARIAT, DISPUR,GUWAHATI - 781006, ASSAM. 2:THE DISTRICT COMMISSIONER NAGAON D.C. OFFICE COMPLEX B.M. ROAD AMOLAPATTY NAGAON ASSAM-782002. 3:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM-782426. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI KAMRUP(M) ASSAM. PIN-781037. 5:DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION PASCHIM DHANIRAM PATHER NAGAON ASSAM-782436. 6:FOREST RANGE OFFICER KAMPUR FOREST RANGE BURHAPATIA NAGAON Page No.# 7/10 ASSAM-782426 Advocate for the Petitioner : MS. D GHOSH, MR A.K. HAJONG,MR. S. K. CHAKMA,MR I CHAKMA,MS. A VERMA Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MR. P N GOSWAMI,SC, FOREST,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 06.11.2025 1. Heard Ms. D Ghosh, learned counsel for the petitioners. Also heard Mr. P.N Goswami, learned Additional Advocate General, Assam appearing for the Forest Department as well as Ms. PR Mahanta, learned Standing Counsel, Revenue Department, Assam. 2. The petitioners claim to be landless indigenous people who are residents of Lutumari Non-Cadastral (N.C) under Kampur Revenue Circle, District-Nagaon, Assam. 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. Page No.# 8/10 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 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 Page No.# 9/10 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 bona fide claim of right is raised, the authority cannot be permitted to unilaterally decide as to whether an occupier/possessor has a bona fide 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 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 Page No.# 10/10 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