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2026 DAILYLAW 12709 (GAU)

SOFULUDDIN SHEIKH v. THE STATE OF ASSAM AND 5 ORS

WP(C)/3660/2026 · 2026-08-06

Sanjay Kumar Medhi

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010142642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3660/2026 SOFULUDDIN SHEIKH S/O LATE SAMSEL HOQUE, VILL. AJAD NAGARWARD NO. 19 P.O. BALADMARI P.S. GOALPARA, DIST. GOALPARA, ASSAM PIN 783101 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT FOREST DEPARTMENT, DISPUR, GUWAHATI 781006. 2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS HEAD OF FOREST FORCE ASSAM ARANYA BHAWAN PANJABARI GUWAHATI 781037. 3:THE AUTHORISED OFFICER CUM DIVISIONAL FOREST OFFICER GOALPARA FOREST DIVISION (TERRITORIAL) P.O. BALADMARI DIST. GOALPARA ASSAM PIN 783121. 4:THE RANGE FOREST OFFICER GOALPARA SADAR RANGE GOALPARA P.O. BALADMARI P.S. AND DIST. GOALPARA ASSAM PIN 783121. Page No.# 2/3 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 783125 Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,MS D DUTTA Advocate for the Respondent : GA, ASSAM, SC, FOREST BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 07.08.2026 Heard Shri S.B. Laskar, learned counsel for the petitioner. Also heard Shri R.R. Gogoi, learned Standing Counsel, Forest Department as well as Shri R. Talukdar, learned State Counsel, Assam. The challenge was with regard to a confiscation proceeding initiated under Section 49(4) of the Assam Forest Regulation, 1891. It is contended on behalf of the petitioner that the depot is over a miyadi patta land. On the contrary, the Department has contended that the depot is within the Raikhyasini Proposed Reserve Forest in the district of Karimganj. Notice in this case was issued on 17.07.2026 and instructions were directed to be obtained. The learned Standing Counsel, Forest Department has submitted that in the meantime, a proceeding was concluded resulting in an order dated 18.07.2026. Page No.# 3/3 This Court is of the view that for a complete adjudication of the matter, the aforesaid order dated 18.07.2026 is required to be challenged, if so advised in accordance with law. Shri Laskar, learned counsel for the petitioner, at this stage, submits that while the writ petition may be closed, he may be given liberty to make a challenge of the final order, a copy of which has also been furnished to him in the Court itself. In view of the above, the writ petition is closed with liberty as mentioned above. Copies of the written instructions dated 02.08.2026 and the order dated 18.07.2026 are made part of the records. JUDGE Comparing Assistant