Page No.# 1/16 GAHC010008912026 2026:GAU-AS:3366 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/289/2026 SHOWKAT AHMAD AND 158 ORS. SON OF ABDUS SUKUR 2: NIYAMAT ALI SON OF LATE TASAR ALI 3: MURAD HUSSAIN TALUKDER SON OF MUSLEK UDDIN TALUKDAR 4: KALAM HUSSAIN SON OF AJMAL ALI 5: KARIM UDDIN SON OF SOFIK ALI 6: JAKIR HUSSAIN SON OF LUKMAN ALI 7: ISLAM UDDIN SON OF AKMAL ALI 8: SUNARAB ALI SON OF ATAR ALI 9: KABIR UDDIN SON OF ROFIJUL HOQUE 10: ABDUL KADER SON OF ACHADDAR ALI 11: ARIF UDDIN TALUKDER SON OF MIRJAN ALI TALUKDER Page No.# 2/16 12: NAZRUL HOQUE SON OF AJIR UDDIN 13: SOFIR UDDIN SON OF SAJJAD ALI 14: CHABBIR AHMED SON OF ABDUL ROSHID 15: SALIM UDDIN SON OF SUNARAB ALI 16: SARIF UDDIN SON OF HARIS ALI 17: MONNAN UDDIN SON OF SADIQUR RAHMAN 18: SADDAM HUSSAIN SON OF ABUL HUSSAIN 19: MOKLISUR RAHMAN SON OF LATE BAJID ALI 20: SAMSUL HOQUE SON OF ABDUL SUKKUR 21: ABDUL JALIL SON OF ABDUL AZIZ 22: ABDUL FATTR SON OF AYAJ ALI 23: ABDUR RAHMAN SON OF AYAJ ALI 24: TOYABUR RAHMAN SON OF NIYAJ ALI 25: HUSSAIN AHMED SON OF ABDUL LOTIF 26: BILAL UDDIN SON OF MASADDAR ALI 27: NAZIM UDDIN SON OF BASHIR ALI Page No.# 3/16 28: BURHAN UDDIN SON OF LATESDIQUR RAHMAN 29: RAHMAT ALI SON OF LATE ASAB ALI 30: ASAB UDDIN SON OF LATE MANUHAR ALI 31: ALTAB HUSSAIN SON OF ASAB UDDIN 32: FAZIR UDDIN SON OF RAFIJUL HOQUE 33: ABDUL MANNAN SON OF AYAJ ALI 34: SAMSUL HOQUE SON OF ROHIS ALI 35: BASIR UDDIN SON OF MUBIJ ALI 36: NOOR UDDIN SON OF BASIR UDDIN 37: ABDUL MAZID SON OF OSIR ALI 38: JAMIR UDDIN SON OF REYAJ ALI 39: NAMAN ALI SON OF AJMAT ALI 40: ABDUL HALIM SON OF ABDUL MAZID 41: NASIR UDDIN SON OF HARIS ALI 42: ABDUL KALAM SON OF AYAJ ALI Page No.# 4/16 43: MUSLIM UDDIN SON OF YEASIN ALI 44: AKRAM ALI TALUKDAR SON OF SUNAHAR ALI TALUKDAR 45: ATAUR RAHMAN SON OF MASAID ALI 46: MAKBOL UDDIN SON OF YEASINALI 47: ABDUL BARI SON OF AYAJ ALI 48: KALIL UDDIN SON OF PAMOY MIYA 49: ABDUL KALIK SON OF ABDUL MAZID 50: SUNAHAR ALI TALUKDAR SON OF SURUJ ALI 51: HANNANA BEGUM WIFE OF SUNAHAR ALI TALUKDAR 52: AKRAM ALI SON OF INDRAJ ALI 53: TOYAKUL ALI SON OF AZIR UDDIN 54: KHOIRUL HOQUE SON OF AZIR UDDIN 55: SAPNA BEGUM WIFE OF CHABBIR UDDIN 56: RUSNA BEGUM WIFE OF RAFIJUL HOQUE 57: AJMAT ALI SON OF MASAB ALI Page No.# 5/16 58: ALIM UDDIN SON OF ASAB UDDIN 59: BADRUL HOQUE SON OF MAJIR UDDIN 60: KAMRUL HOQUE SON OF MAJIR UDDIN 61: SABBIR HOQUE SON OF MAJIR UDDIN 62: HARUN BIBI WIFE OF LUKMAN ALI 63: AYAJ ALI SON OF MOSHOB ALI 64: SAMIR UDDIN SON OF AYAJ ALI 65: SAHAB UDDIN SON OF MOKUMAL ALI 66: ANG CHABUR SON OF ACHAB UDDIN 67: ABDUL CHUBAN SON OF ACHAB UDDIN 68: ABDUL QUAYYUM SON OF ABDUL MANNAN 69: ABDUL BASIT SON OF ABDUL MANNAN 70: ISLAM UDDIN SON OF JALAL UDDIN 71: JALAL UDDIN SON OF ABDUL WAHID 72: RAHAMAT ALI SON OF ALMAS ALI 73: ABDUL SHUKKUR SON OF SONAB ALI Page No.# 6/16 74: MASHQUE UDDIN SON OF MASUR ALI 75: MASUR ALI SON OF SUNAHAR ALI 76: SABIR HUSSAIN SON OF ABDUL RAUF 77: ABDUL MATIN SON OF ABDUL MANNAN 78: FAKRUN NESSA WIFE OF SALIM UDDIN 79: ABDUL MANNAN SON OF KASHIM ALI 80: MOYMUNNESSA WIFE OF ABDUL MANNAN 81: NAZRUL ISLAM SON OF HARIS ALI 82: ABDUL KALAM SON OF ABDUL MANNAN 83: ANWARA BEGUM WIFE OF HARIS ALI 84: HANIF ALAM SON OF JOYNAL ABEDIN 85: MAYNUL HOQUE SON OF ABDUL SHUKKUR 86: RAHMAT ALI SON OF HARIS ALI 87: SULTAN HUSSAIN SON OF ANG ROUF 88: KHASRULHOQUE SON OF ABDUL NOOR 89: AMINA BIBI SON OF ALA UDDIN Page No.# 7/16 90: ABDUL BATIN SON OF ABDUL MANNAN 91: MUSLIM UDDIN SON OF APTAR ALI 92: FAJLUR RAHMAN SON OF LATE ABDUL NOOR 93: AJIJUR RAHMAN SON OF LATE ABDUL NOOR 94: FUKHRUL ISLAM SON OF LATE ABDUL SUFAN 95: NURUL ISLAM SON OF LATE ABDUL SUFAN 96: DILOWAR HUSSAIN SON OF KALAM HUSSAIN 97: GOLJAR HUSSAIN SON OF KALAM HUSSAIN 98: RUKIA BEGUM WIFE OF MAYNUL HOQUE 99: NAJRUL ISLAM SON OF ABDULLA 100: MONIR UDDIN SON OF ABDUL SHUKKUR 101: MAYRONG BIBI WIFE OF SADIQUR RAHMAN 102: JASHIM UDDIN SON OF ISLAM UDDIN 103: MUIJUR RAHMAN SON OF ABDUL NOOR 104: ALECHA BEGUM WIFE OF MOINUL HOQUE 105: NURJAN BIBI WIFE OF LATE ABUL HUSSAIN Page No.# 8/16 106: ARIF UDDIN SON OF MOINUL HOQUE 107: NAZRUL ISLAM SON OF MOINUL HOQUE 108: ANCHAR ALI SON OF MACHADDAR ALI 109: SIRAJ UDDIN SON OF SAJJAD ALI 110: SAHID AHMED SON OF ABDUL RASID 111: SAMSUL ISLAM SON OF LATE AJMAT ALI 112: HADATUN NESSA WIFE OF LATE MUZIBUR RAHMAN 113: RIYAZ UDDIN SON OF LATE SAJJAD ALI 114: ABDUL SHUKKUR SON OF RAKIB ALI 115: MD. MATARUP ALI SON OF LATE MUBCHIL ALI 116: RUSHAN AHMED SON OF LATE ABDUL LATIF 117: SIRAJUL HOQUE SON OF ATAR ALI 118: SAYDUL HAQUE SON OF ABDUL SUKKUR 119: JAYNUL HOQUE SON OF LATE ABDUL NOOR 120: HIFJUR RAHAMAN SON OF LATE IJJAD ALI 121: ATIKUR RAHMAN SON OF LATE IJJAD ALI Page No.# 9/16 122: JUMILAHMED SON OF BASIR UDDIN 123: HUSSAIN AHMED SON OF FEMOI MIA 124: AMIR UDDIN SON OF SAFIK ALI 125: NOOR AHMED SON OF BASIR UDDIN 126: SOFIK ALI SON OF LATE MOSOD ALI 127: SALIM UDDIN SON OF MOTIUR RAHMAN 128: MUSLIM UDDIN SON OF ROSHID ALI 129: MANSUR ALI SON OF LATE ABDUL HAMID 130: KOYTUR BIBI WIFE OF MONUHAR ALI 131: NEZAM UDDIN SON OF MOSORAF ALI 132: YEABOR ALI SON OF ABDUL SATTAR 133: KHATUN BIBI WIFE OF ABDUS SUKKUR 134: NASIR UDDIN SON OF MONOI MIA 135: SAMIR UDDIN SON OF AYAZ ALI 136: KHASRUL HOQUE SON OF MOZIR UDDIN 137: AHAD UDDIN SON OF MONUHAR ALI Page No.# 10/16 138: AKLAS UDDIN SON OF MOSADDAR ALI 139: AMIR UDDIN SON OF RIAJ ALI 140: ALA UDDIN SON OF HARIS ALI 141: FARUK AHMED SON OF LATE MAKADDAS ALI 142: MOSTAKIN ALI SON OF LATE MONUHAR ALI 143: ABDUL SUFAN SON OF LATE ABDUL JALIL 144: ABDUL MANNAN SON OF AKLAS UDDIN 145: JOYNAL UDDIN SON OF SOIB ALI 146: RABIYA BIBI DAUGHTER OF ABDUL SALAM 147: KARIMA BEGUM WIFE OF JAKIR HUSSAIN 148: ALI HUSSAIN WIFE OF LATE ABAD UDDIN 149: SAHAB UDDIN TALUKDAR SON OF LATE MIRZAN ALI TALUKDAR 150: RASHID ALI SON OF LATE IJJAD ALI 151: KHALIDA BEGUM DAUGHTER OF MONSUR ALI 152: ASMA BEGUM WIFE OF LATE MAHABBAT ALI 153: KAMAL UDDIN SON OF LATE LUKMAN ALI Page No.# 11/16 154: FAYJUL HOQUE SON OF LATE AYAJ ALI 155: TAJ UDDIN SON OF MOKLISUR RAHMAN 156: ABDUL AZIZ SON OF LATE ASADDAR ALI 157: NURUN NESSA WIFE OF LATE LUKMAN ALI 158: SAHID HUSSAIN SON OF LOKMAN ALI 159: SUFIYA BEGUM WIFE OF LATE ASFAK UDDIN ALL RESIDENTS OF VILLAGE-KUNDULAKUT KITTE ROUSHANABAD P.O. LILACHILLA DISTRICT- SRIBHUMI ASSAM PIN-78873 VERSUS THE STATE OF ASSAM AND 9 ORS. THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR,GUWAHATI-6. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FOREST AND CLIMATE CHANGE DEPARTMENT ASSAM DISPUR GUWAHATI-6 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE PANJABARI GUWAHATI-781016 4:THE CONSERVATOR OF FOREST SOUTH ASSAM CIRCLE SILCHAR P.O. SILCHAR DISTRICT- CACHAR Page No.# 12/16 ASSAM 5:THE DIVISIONAL FOREST OFFICER KARIMGANJ DIVISION SRIBHUMI P.O. AND DISTRICT-SRIBHUMI ASSAM PIN - 788724 6:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DM DEPARTMENT DISPUR GUWAHATI-6 7:THE DIRECTOR OF LAND RECORDS AND SURVEY ASSAM 8:THE DISTRICT COMMISSIONER SRIBHUMI P.O. AND DISTRICT- SRIBHUMI ASSAM PIN-788710 9:THE SETTLEMENT OFFICER SRIBHUMI P.O. AND DISTRICT-SRIBHUMI ASSAM PIN- 788710 10:THE CIRCLE OFFICER RAMKRISHNANAGAR P.O. RAMKRISHNANAGAR DISTRICT- SRIBHUMI ASSAM PIN -78816 Advocate for the Petitioner : MR. K N CHOUDHURY, MR K UDDIN,MR. A K AZAD,MR. N HAQUE,MR M HUSSAIN Advocate for the Respondent : SC, FOREST, GA, ASSAM,SC, REVENUE Page No.# 13/16 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 06.03.2026 Heard Shri KN Choudhury, learned Senior Counsel assisted by Shri K. Uddin, learned counsel for the petitioners. Also heard Shri N. Das, learned State Counsel; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department and Ms. M. Kalita, learned Standing Counsel, Forest Department. 2. The petitioners, who are 159 in numbers, are aggrieved by notices dated 02.01.2026 whereby they are directed to vacate the land within 30 days. 3. As per the facts projected, the petitioners are the settlement holders of land under Touzi No.14179/20 under the Karimganj Sub-Division. Few of the writ petitioners had instituted Title Suit No.221/1975 which was decreed on 21.09.1976. The said decree was subject matter of challenge in Title Appeal No.181/1979 preferred by the State which was dismissed on 20.07.1981. The petitioners have also relied upon a minutes of meeting dated 13.03.2009 on the aspect of creation of a revenue village. 4. Shri Choudhury, learned Senior Counsel for the petitioners has also drawn the attention of this Court to an order dated 20.01.2023 passed by the Hon’ble Division Bench in WA No.212/2019 in which it has been recorded that the cadastral survey of the land in question was not complete. He submits that under the said background, the impugned notices could not have been issued. He has also informed that while issuing notice vide order dated 21.01.2026, this Court has also recorded the submission of the learned Additional Advocate General that the eviction process would not be carried out till the returnable date. Page No.# 14/16 5. Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department has submitted that the survey is going on and not completed. A similar submission has been made by Ms. Kalita, learned Standing Counsel, Forest Department, who has contended that the demarcation process is going on. 6. The rival contentions advanced by the learned counsel for the parties have been duly considered and the materials placed before this Court have been duly examined. 7. The contention of the petitioners is that the land in question is not forest land and this aspect gets fortified by the judgment and decree dated 20.01.1976 passed in Title Suit No.225/1975 which was also affirmed by the Appellate Court in Title Appeal No.181/1979 vide judgment dated 20.07.1981. the appeal was preferred by the State which was dismissed. There is nothing brought on record by the learned counsel for the respondents that there was any further appeal and therefore, it has to be presumed that the said judgment has attained finality. This Court is also apprised of the fact that which is also conceded by the learned counsel for the respondents that the survey for demarcation is going on. This Court has also noted the observation made by the Hon’ble Division Bench in the order dated 20.01.2023 passed in WA/212/2019 whereby a direction was given for completion of the cadastral survey. 8. This Court is also apprised that the action of the State to carry out eviction from forest land was the subject matter of challenge in various writ petitions which were dismissed. The matters were ultimately considered by the Hon’ble Supreme Court in the case of Abdul Khalek and Ors. Vs. State of Assam reported in 2026 INSC 140. In the said case, the Hon’ble Supreme Court had approved the course of action to be adopted by the State Government for removing encroachment which contains sufficient procedural safeguards. It may Page No.# 15/16 be mentioned that the State had proposed to constitute a Committee to look into the matter of making forest area encroachment free which also contemplated of giving due opportunity to the occupants. The Hon’ble Supreme Court in the aforesaid case of Abdul Khalek (supra) has approved the policy adopted by the State in the following terms: “(i) The respondents shall constitute a committee comprising forest officials and the revenue officials. (ii) The said committee shall issue notice to the alleged unauthorised occupants and shall give them an opportunity to adduce evidence to show that they have the right to occupy the land which is in their possession. (iii) The action for removal of encroachment shall be taken, only if it is found that there is an encroachment in the reserved forest area. (iv) In case the noticee is found to be within the revenue limits, outside the notified forest area, the details of the noticee shall be sent to the revenuedepartment. In such cases, revenue department shall decide the future course of action. (v) The action is being taken by the State to remove encroachment from the reserved forest areas and has nothing to do in respect of the matters which may be referred to the revenue department. (vi) If an unauthorised occupation is found in a reserved forest area, after scrutiny of the documents, a speaking order shall be passed and shall be served on the concerned person giving him 15 days notice to vacate the unauthorized occupation and only after expiry of the period of notice, the action shall be taken to remove the unauthorised occupants. (vii) Occupation of a Gaon Panchayat in a forest is permissible if there is a Page No.# 16/16 sufficient proof as per the Jamabandi Register maintained by the Forest Department or as provided under the Forest Rights Act.” 9. In view of the aforesaid facts and circumstances, it is directed that the land which was the subject matter of the suit in respect of which a decree has been passed cannot be the subject matter of any eviction unless such decree is interfered with by a Higher Court. At the same time, as noted above, the survey is on for demarcation of the area in question. It is therefore, made clear that if after such exercise of demarcation, if any forest area outside the scheduled area of the suit land is found to be under the possession of the petitioners or for that matter any other individual, appropriate steps for eviction may be taken which however has to be done by meticulously following the procedure approved by the Hon’ble Supreme Court in the case of Abdul Khalek (supra). At this stage, the importance of preserving forest land as observed by the Hon’ble Supreme Court in the opening paragraph of the aforesaid case is to be kept in mind which is as follows: “2. These appeals and the Writ Petitions raise before this Court a question of considerable, constitutional and environmental significance, namely the State’s obligation to protect reserved forest in discharge of its constitutional mandate and the manner in which such obligation must be fulfilled, when long standing human habitation is asserted within the forest land.” 10. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant