Page No.# 1/6 GAHC010018782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/506/2026 ATIQUR RAHMAN AND 16 ORS S/O- LATE MUBOJIL ALI 2: SRI NAZIM UDDIN S/O- LATE MOKLES ALI 3: SRI HARIS ALI S/O- LATE SAIYAB ALI 4: SRI KARMUS ALI S/O- LATE SAIYAB ALI 5: SRI MAHI UDDIN S/O- LATE TAFJUL ALI 6: SRI SALIK UDDIN S/O- LATE TAFAZZUL ALI 7: SRI ALTAF HUSSAIN S/O- LATE TACHABIR ALI 8: SRI KOMRUL HOQUE S/O- LATE ASHAB ALI 9: SRI SAIF UDDIN S/O- LATE SHAMSUL HOQUE 10: SRI MAHABAT ALI S/O- LATE WAJIT ALI 11: SRI MASADDAR ALI S/O- LATE AKIN ALI 12: SRI SAKAT ALI Page No.# 2/6 S/O- LATE JOWAID ALI 13: SRI ABDUL MATIN S/O- LATE MOIN UDDIN 14: SRI ALKAS ALI S/O- LATE NENU MIA 15: SRI MATIUR RAHMAN S/O- LATE MUBAJIL ALI 16: SRI ATAUR RAHMAN S/O- LATE AMIR ALI 17: SRI AJIR UDDIN S/O- LATE AKIN ALI ALL ARE RESIDENT OF VILLAGE MADHURBOND P.O. BHURUNGA P.S. PATHARKANDI DISTRICT- KARIMGANJ ASSAM PIN- 78872 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN- 781006 2:THE DISTRICT COMMISSIONER SRIBHUMI ASSAM 3:THE CIRCLE OFFICER PATHARKANDI REVENUE CIRCLE PATHARKANDI DISTRICT- SRIBHUMI ASSAM 4:THE SETTLEMENT OFFICER DISTRICT- SRIBHUMI ASSAM 5:THE ASSISTANT SETTLEMENT OFFICER PATHARKANDI Page No.# 3/6 DISTRICT- SRIBHUMI ASSAM 6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI ASSAM PIN- 781037 7:THE RANGE FOREST OFFICER DUHALIA RANGE DISTRICT- SRIBHUMI ASSAM 8:THE DIVISIONAL FOREST OFFICER KARIMGANJ DIVISION DISTRICT- SRIBHUMI ASSA Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Advocate for the Respondent : SC, FOREST, GA, ASSAM,SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 02.02 .2026 Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department. 2. The petitioners although are residing Madhurbond village which lies near the Duhalia Reserved Forest but it is beyond the boundary of the said Reserved Forest. The forefathers of the some of the petitioners had settled there in and Page No.# 4/6 around 1950. Earlier, eviction notices were issued to the petitioners in the year 2023, pursuant to which they approached this Court by filing WP(C) No. 159/2024. The writ petition was disposed of with a direction to the Circle Officer, Patharkandi Revenue Circle, and also the Range Officer, Doholia to carry out a verification as to whether the petitioners are in possession of land within the village Madhubond or they had encroached inside the 3. In deference to the said order, the matter was communicated to the concerned authorities for carrying out an on-site verification. Unfortunately, the concerned persons did not retain a copy of the representation submitted by them. Although the officials were expected to visit the site on the scheduled date, they did not arrive. Thereafter, the officials stated that they were unable to conduct the verification on that day due to the late hour and informed that they would revisit the site on another date for the said purpose. On that day, the signatures of approximately 30 to 35 persons were obtained on blank sheets of paper, with the assurance that the signatures were required only to acknowledge their presence at the site. However, no orders have been passed and instead eviction notices were again issued to the petitioners on 01.01.2026 by the DFO. Being aggrieved the present writ petition has been filed. 4. Mr. D. Gogoi, learned Standing Counsel, Forest Department on instructions submits that even today the petitioners prefer representation with all relevant documents, then taking into confidence the writ petitioners, the matter would be examined and each of the case of the petitioners individually and thereafter, will pass appropriate orders. According to the information available with the Page No.# 5/6 Forest Department, all the petitioners besides their allotted plot of land within the Duhalia Reserved Forest area have also extended their claim beyond the Madhurbond village. Therefore, it is in respect of these plots of land which are beyond the correct boundaries of the Madhurbond Village that the petitioners are required to either vacate or be subjected to eviction procedure by the Forest Department. Insofar as the allotted plot of land within the Madhurbond village which is stated to be under their possession from the days of their predecessor in interest, no eviction process will be carried out by the responding authorities. 5. Having perused the written instructions placed before the Court by the learned Standing Counsel, Forest Department and also upon taking into consideration the submissions made, this Court is of the view that the writ petitioners will file their detailed representation before the DFO, Karimganj Division, Sribhumi within one week from today and supported by all necessary documents. Once the applications are filed, the DFO will examine each and every case individually, and thereafter, pass appropriate orders within 15 days. Accordingly, the petitioners will file their representations within 09.02.2026 and the DFO thereafter, will pass appropriate orders by 25.02.2026 on such representations. 6. With the above observations, the writ petition stands closed disposed of. 7. In the event the petitioners do not file any representations as permitted by this Court, the respondent authorities are at liberty to proceed as per the procedure prescribed in law. It is also made clear that once any representations Page No.# 6/6 are filed before the DFO, proper acknowledgement will be issued by the DFO's Office. JUDGE Comparing Assistant