Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 3731 (GAU)

JANAB ALI AND 2 ORS v. UNION OF INDIA AND 9 ORS

WP(C)/1848/2026 · 2026-03-30

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010060292026 2026:GAU-AS:4627 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1848/2026 JANAB ALI AND 2 ORS C/O - ABDUL GHUNI VILL -2 NO. MAJGAON VTC DAPARA,P.O. DUMAIHAGI DAPARA SUB-DIST - KAMPUR DIST- NAGAON. ASSAM PIN-782428 2: ABED ALI C/O - JANAB ALI VILL- KHERONI MAJGAON VTC DAPARA P.O. DUMAIHAGI DAPARA SUB-DIST - KAMPUR DIST- NAGAON. ASSAM PIN-782428 3: JABED ALI C/O- JANAB ALI VILL - MAJGAON VTC DAPARA P.O. DUMAIHAGI DAPARA SUB-DIST - KAMPUR DIST- NAGAON. ASSAM PIN-78242 VERSUS UNION OF INDIA AND 9 ORS TO BE REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI INDIA 2:THE STATE OF ASSAM TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 3:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 Page No.# 2/4 4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 5:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI 781037 6:DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM. 7:DISTRICT COMMISSIONER NAGAON ASSAM. 8:SUPERINTENDENT OF POLICE NAGAON ASSAM 9:CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM. 10:OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSAM For the Petitioner(s) : Mr. A.R. Bhuyan, Advocate For the Respondent(s) : Mr. B. Deka, CGC Mr. P.N. Goswami, Addl. A.G. Mr. A. Bhattacharya, Standing Counsel Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 31.03.2026 Heard Mr. A.R. Bhuyan, the learned counsel appearing on behalf of the petitioners. Mr. B. Deka, the learned CGC appears on behalf of the respondent No. 1; Mr. P.N. Goswami, the learned Additional Advocate General appears on behalf of the respondent Nos. 2 and 3 to 10 and Mr. A. Bhattacharya, the learned counsel appears on behalf of the respondent No. 4. 2. The petitioners herein have approached this Court apprehending that without any notice the petitioners would be evicted from their occupation, which the Respondent Authorities claim to be a part of the Lutumai Reserved Forest. 3. Mr. P.N. Goswami, the learned Additional Advocate General appearing on behalf of the respondents submitted that taking into account the directions passed by the Supreme Court dated 10.02.2026 in the case of Abdul Khalek & Others vs. The State of Assam & Others, the Forest Department would not evict the petitioners without complying with the directions contained in the said judgment. 4. Taking into account the above, the apprehension on the basis of which the petitioners have approached this Court Page No.# 4/4 appears to be unfounded and accordingly, the instant writ petition stands closed. 5. Be that as it may, it is observed that in the circumstance the Forest Department seeks to initiate any process for eviction of the petitioners herein, the stipulations contained in the judgment of the Supreme Court in Abdul Khalek (supra) shall be duly complied with. JUDGE Comparing Assistant