Page No.# 1/8 GAHC010184152025 2026:GAU-AS:9537 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3704/2025 ABDUR RAHIM AND 46 OTHERS S/O LATE SOFIOR RAHMAN 2: ABDUR RASHID S/O LATE SOFIOR RAHMAN 3: ABDUS SAMAD S/O LATE SOFIOR RAHMAN 4: ANOWAR HUSSAIN MONDAL S/O LATE ASIRUDDIN MONDAL 5: ROHIZ UDDIN S/O MAJAM ALI SHEIKH 6: JAHIRUL ISLAM S/O KASIM UDDIN 7: MAJEDA KHATUN W/O BANI HASHEM 8: SHAHABUL HUSSAIN S/O NURUL ISLAM Page No.# 2/8 9: BANI HASHEM S/O RAHIJ UDDIN 10: ABDUL AWAL HAQUE S/O ABDUL GANI 11: ABUL KALAM AZAD S/O LATE PASHAN ALI AKANDA 12: ABDUR RAHIM S/O SUKUR ALI 13: SHAMESH ALI S/O SUKUR ALI 14: RABIUL HUSSAIN S/O ARFAN ALI SIKDAR 15: MOJIBOR RAHMAN S/O LATE HASHEM ALI KHAN 16: JOHIRUL ISLAM KHAN S/O LATE LAL MAMUD KHAN 17: AMINUL ISLAM S/O LATE JIYAD ALI 18: PACHAN ALI S/O LATE SHUKUR ALI 19: RAKIBUL ISLAM S/O KASIM UDDIN 20: ANOWARA KHATUN W/O JAHIRUL ISLAM Page No.# 3/8 21: SOFIUR RAHMAN S/O KHALILUR RAHMAN 22: MUSLIMA BEGAM W/O LATE ABU BAKKAR SIDDIK 23: HARAN ALI S/O LATE MADHU SHEIKH 24: JAMAL BADASHA S/O SUKUR ALI 25: ABDUL LATIF S/O ABUL HUSSAIN 26: SANOWAR HUSSAIN S/O LAT ROSTOM ALI 27: JAYNAL ABEDIN S/O LATE SHAHED ALI MANDAL 28: SHAHJAHAN ALI S/O LATE JAFAR ALI 29: JAYNUDDIN ALI S/O LATE JAFAR ALI 30: FAJILA KHATUN W/O ABDUL KHALEK 31: SUKIRON NESSA W/O JOYNAL ABDIN 32: RAHIMA BEGUM W/O ANARUDDIN AKAND Page No.# 4/8 33: SHUKUR ALI S/O LATE MANTAJ ALI 34: SAMARTHA BHAN W/O LATE NAJIM UDDIN 35: MOYDAN ALI S/O FATIK ALI 36: MUSHAROF HUSSAIN S/O LATE ALI AKABBAR 37: JAHANARA BEGUM W/O LATE GULZAR ALI 38: FAJIUL KARIM S/O LATE HANIF ALI 39: ZAKIR HUSSAIN S/O LATE MANIK ULLAH 40: SHAHIDA KHATUN W/O KALACHAN MANDAL 41: HANIF ALI S/O LATE SHUKUR ALI 42: KHALEK UDDIN S/O LATE JAHIR UDDIN SHEIKH 43: KAZI ABU SAZZAD MAHMUDUL MOSTAFA S/O MAULANA HURMUJ ALI 44: ABUL KALAM AZAD S/O LATE HAFIZ UDDIN AHMED Page No.# 5/8 45: ARIFUL ISLAM S/O LATE ANOWAR ALI 46: JOHIRUL ISLAM S/O LATE ABDUL BARIK 47: SEBAR UDDIN AHMED S/O LATE SHAHAR ALI ALL ARE R/O VILL. BALADMARI (MORIOM NAGAR) P.O. BALADMARI P.S. GOALPARA DIST. GOALPARA ASSAM PIN 783101 VERSUS THE STATE OF ASSAM AND 6 ORS REP BY THE SECRETART TO THE GOVT OF ASSAM GUWAHATI ASSAM 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE DEPTT. DISPUR GUWAHATI 06 3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FOREST DEPTT. DISPUR GUWAHATI 06 4:THE DIST. COMMISSIONER GOALPARA P.O. AND DIST. GOALPARA ASSAM PIN 783121 5:THE DIVISIONAL FOREST OFFICER Page No.# 6/8 GOALPARA FOREST DIVISION P.O. BALADMARI P.S. AND DIST. GOALPARA ASSAM PIN 783121 6:THE DIVISIONAL FOREST OFFICER SOCIAL FOREST GOALPARA DIVISION P.O. BHALUKDUBI P.S. AND DIST. GOALPARA ASSAM PIN 783101 7:THE CIRCLE OFFICER BALIJANA REVENUE CIRCLE P.O. BALADMARI P.S. AND DIST. GOALPARA ASSAM PIN 783121 ------------ For the Petitioner(s) : Mr. A.R. Sikdar, Advocate For the Respondent(s) : Mr. I. Borthakur, Standing Counsel Mr. J. Handique, Jr. Govt. Advocate Ms. G. Hazarika, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 13.07.2026 Heard Mr. A.R. Sikdar, the learned counsel appearing on behalf of the petitioners. Mr. I. Borthakur, the learned Standing Counsel appears on behalf of the Forest Department; Mr. J. Page No.# 7/8 Handique, the learned Junior Government Advocate appears on behalf of the District Administration and Ms. G. Hazarika, the learned Standing Counsel appears on behalf of the Revenue Department. 2. The present writ petition has been filed by 47 petitioners on the apprehension that the respondent authorities, more particularly the Forest Department of the Government of Assam, may evict them without following the due process of law and according to the petitioners, they have a common cause of action. 3. It is, however, relevant to take note of that, as on date, no notice has been issued either by the District Administration or by the Forest Department to evict the petitioners. 4. In a recent judgment passed by the Supreme Court in the case of Abdul Khalek & Others Vs. State of Assam & Others reported in 2026 SCC OnLine SC 184, the Supreme Court laid down the guidelines on the basis of which the eviction of persons from reserved forest land can be carried out by the Forest Department. 5. Mr. I. Borthakur, the learned Standing Counsel appearing for the Forest Department categorically submitted before this Court that in view of the guidelines laid down by the Supreme Court in Page No.# 8/8 the case of Abdul Khalek (supra), if the Forest Department initiates any eviction proceedings, the same shall be done in compliance with the said guidelines. 6. In view of the aforesaid stand taken by the Forest Department before this Court, the apprehension of the petitioners to file the present writ petition appears to be misconceived, for which, this Court is not inclined to issue any direction in the present proceedings. 7. Accordingly, the writ petition stands closed. 8. Before parting with the record, this Court, however, observes that, in the circumstance, the Forest Department of the Government of Assam initiates any proceedings for the eviction of the petitioners, the same shall be carried out by following the guidelines laid down by the Supreme Court in the case of Abdul Khalek (supra). JUDGE Comparing Assistant