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2025 DAILYLAW 6713 (GAU)

PARVEZ ALOM CHOUDHURY v. THE STATE OF ASSAM AND 9 ORS.

WP(C)/652/2025 · 2025-06-26

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010019802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/652/2025 PARVEZ ALOM CHOUDHURY S/O- RAFIQUR RAHMAN CHOUDHURY, VILL- SINDURA, DIVISION-12, P.O.- KALAIN, P.S.- KATIGORAH, DIST.- CACHAR, ASSAM, PIN- 788815. VERSUS THE STATE OF ASSAM AND 9 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST REHABARI GUWAHATI- 781008. 3:THE CHIEF CONSERVATOR OF FORESTS SOUTHERN ASSAM CIRCLE SILCHAR DIST. CACHAR PIN- 788001. 4:THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) ASSAM REPRESENTED BY ITS MEMBER SECRETARY 3RD FLOOR STATE POLLUTION CONTROL BOARD ASSAM Page No.# 2/4 BAMUNIMAIDAM GUWAHATI-21. 5:THE DIVISIONAL FOREST OFFICER KARIMGANJ FOREST DIVISION P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710. 6:THE RANGE FOREST OFFICER KALAIN RANGE P.O.- KALAIN DIST.- CACHAR ASSAM PIN- 788815. 7:THE DISTRICT COMMISSIONER CACHAR P.O.- SILCHAR DIST. -CACHAR ASSAM PIN- 788001. 8:THE CIRCLE OFFICER KATIGORAH REVENUE CIRCLE P.O.- KATIGORAH DIST. CACHAR ASSAM PIN- 788805. 9:THE SUPERINTENDENT OF POLICE CACHAR P.O.- SILCHAR DIST.- CACHAR ASSAM PIN - 788001. 10:THE OFFICER-IN-CHARGE KALAIN POLICE STATION P.O.- KALAIN DIST.- CACHAR ASSAM PIN- 788815 Advocate for the Petitioner : MR. S B LASKAR, A. H. AHMED,MS D DUTTA,MR. H A LASKAR Advocate for the Respondent : SC, FOREST, GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27.06.2025 Heard Shri HA Laskar, learned counsel for the petitioner. Also heard Shri H Sarma, learned Addl. Sr. Govt. Advocate, Assam as well as Shri D Gogoi, learned Standing Counsel, Forest Department, Assam. 2. The facts projected are that due to extraction of sand and stone from the riverbank of Larang River in the district of Karimganj, the plot of the land belonging to the petitioner is being damaged. The petitioner has also given the schedule of the land which comprises of 7 bighas 3 kathas 8 chattaks of 2nd RS Patta No. 2, Dag No. 7/47, 7/48/, 7/49, 3/59, 3/59 in Mouza-Aylatol. 3. In this case, notice was issued on 26.06.2025 and instructions were directed to be obtained. 4. When this matter was taken up on 26.06.2025, the learned State Counsel had placed before this Court a copy of written instructions dated 28.03.2025 wherefrom, it appears that the bona fide land of the petitioner would not be damaged. 5. Shri Gogoi, learned Standing Counsel has, however submitted that apart from the patta land of the petitioner, government lands are encroached by him. 6. Be that as it may, in view of the aforesaid written instructions dated 28.03.2025 placed on record, this writ petition is disposed of by directing that while the authorities Page No.# 4/4 would be at liberty to take action so far as the encroachment is concerned, the patta land of the petitioner is not to be disturbed. 7. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant