Page No.# 1/12 GAHC010245142025 2025:GAU-AS:14991 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6289/2025 ABDUL KUDDUCH AND 28 ORS. SON OF LATE ABDUL KADIR, RESIDENT OF VILLAGE AMDUBI, UDMARIPAR, LUTUMARI MUKTA BONANCHAL, POLICE STATION- KACHUA, DISTRICT- NAGAON, ASSAM. PIN-782426 2: ABDUL ALI S/O FAYAJUL HAQUE RESIDENT OF VILLAGE KHERONI MAJGAON LUTUMARI MUKTA BONANCHAL POLICE STATION-KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 3: SHUKUR ALI SON OF FAYAJUL HAQUE RESIDENT OF VILLAGE-KHERONI MAJGAON LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 4: ABDUL JALIL SON OF LATE HABIBUR RAHMAN RESIDENT OF VILLAGE- AMDUBI (KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 Page No.# 2/12 5: SAHIJUL HAQUE SON OF LATE KERAMAT ALI RESIDENT OF VILLAGE- 1 NO. MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 6: AINUL HAQUE SON OF LATE KERAMAT ALI RESIDENT OF VILLAGE- 1 NO. MAJGAON (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT-NAGAON ASSAM. PIN-782426 7: JALFUKAR ALI SON OF CHAIDUL ISLAM RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 8: ABDUL JALIL SON OF ABDUL BAREK RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 9: EMARAJUL ISLAM Page No.# 3/12 SON OF MANNAS ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 10: HAREJUL ISLAM SON OF LATE MANNAS ALI RESIDENT OF VILLAGE- BEDERIPAR (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHAU DISTRICT- NAGAON ASSAM. PIN-782426 11: SAJAHAN ALI SON OF IBRAHIM ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN-782426 12: AZGAR ALI SON OF ABDUL ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN- 782426 13: UMAR FARUQUE SON OF LATE SURUJ ALI Page No.# 4/12 RESIDENT OF VILLAGE- 9 NO. KHERONI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM PIN- 782426 14: NASIR UDDIN SON OF MANNAS ALI RESIDENT OF VILLAGE- NO. 9 KHERONI UDMARIPAR LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 15: FAJUL ISLAM SON OF ABDUL MALEK RESIDENT OF VILLAGE- NO. 9 KHERONI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 16: FAKAR UDDIN SON OF HARJAT ALI RESIDENT OF VILLAGE- AMDUBI (NO. 9 KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 17: SHEKBAR ALI SON OF LATE NURUL ISLAM Page No.# 5/12 RESIDENT OF VILLAGE- NO. 9 KHERONI MAJGAON LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 18: ALI HUSSEN SON OF HABEJ ALI RESIDENT OF VILLAGE- AMDUBI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 19: ALAL UDDIN SON OF ABDUL HASSEN RESIDENT OF VILLAGE- AMDUBI BARPANI BAGAN LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 20: JUL HUSSAIN SON OF HABEJ ALI RESIDENT OF VILLAGE- AMDUBI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 21: JAMAL HUSSAIN Page No.# 6/12 SON OF ABDUL BAREAK RESIDENT OF VILLAGE- AMDUBI (KHERONI MAJGAON) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN- 782426 22: WADIKUL ISLAM SON OF ABDUL MAJAID @ A. MAJAID RESIDENT OF VILLAGE AMDUBI (JURIPAR) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 23: ABDUL MAJID SON OF LATE ABDUL BAREK @ ABDUL BAREK RESIDENT OF VILLAGE- AMDUBI (JURIPAR) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 24: UMAR ALI SON OF LATE JABAN ALI RESIDENT OF VILLAGE- KHERONI BEDORIPAR LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 25: FAKAR UDDIN SON OF NUR MAHAMMAD RESIDENT OF VILLAGE AMDUBI AMGURI Page No.# 7/12 LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 26: JAHIRUL ISLAM SON OF NIJAM UDDIN RESIDENT OF VILLAGE-AMDUBI LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT- NAGAON ASSAM. PIN-782426 27: JAHANARA KHATUN DAUGHTER OF LATE NABI HUSSEN RESIDENT OF VILLAGE- AMDUBI (KHERONI) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT-NAGAON ASSAM PIN-782426 28: SIDDIQUE ALI SON OF KUDDUCH ALI RESIDENT OF VILLAGE- AMDUBI (BALIKATIA) LUTUMARI MUKTA BONANCHAL POLICE STATION- KACHUA DISTRICT-NAGAON ASSAM PIN-782426 29: RUKIYA KHATUN DAUGHTER OF SABED ALI WIFE OF NABI HUSSEN RESIDENT OF VILLAGE- AMDUBI (KHERONI) LUTUMARI MUKTA BONANCHAL Page No.# 8/12 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 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 Page No.# 9/12 NAGAON ASSAM-782426 Advocate for the Petitioner : MS. D GHOSH, MR A.K. HAJONG,MR. S. K. CHAKMA,MR I CHAKMA,MS N DEKA,MS. A VERMA Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MR. P N GOSWAMI,SC, REVENUE,SC, FOREST BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 06.11.2025 Heard Ms. D Ghosh, learned counsel for the petitioners. Also heard Shri P.N Goswami, learned Additional Advocate General, Assam and Ms. P.R. Mahanta, learned Standing Counsel, learned Standing Counsel, Revenue 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. 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. 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. 4. 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 Page No.# 10/12 communication dated 02.06.2025 (Annexure-3) was issued to the Circle Officer, Kampur Revenue Circle by the Joint Director of Surveys, Assam, Dakhingaon. 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. 5. 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. 6. Shri 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. He 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. 7. 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. Page No.# 11/12 8. 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. 9. 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. 10. 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. 11. 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. 12. The survey report will also be furnished to the petitioners. 13. 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. 14. Mr. Goswami, learned Addl. AG submits that till the period indicated above Page No.# 12/12 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. 15. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant