Abul Kalam Azad and 9 Ors. Vs the State of Assam and 2 Ors.

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GAHC010013142026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/452/2026

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ABUL KALAM AZAD AND 9 ORS S/O LATE JAHIR ALI, R/O NS SOLAMONA FOREST VILL. P.S. BAZARICHERRA, DIST. KARIMGANJ, ASSAM, PIN 788728

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2: ABDUL MONAF S/O LATE JAHIR ALI R/O NS SOLAMONA FOREST VILLAGE P.S. BAZARICHERA DIST KARIMGANJ ASSAM PIN 788728

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3: ABDUL SATTAR S/O JAHIR ALI R/O NS SOLAMONA FOREST VILLAGE P.S. BAZARICHERA DIST KARIMGANJ ASSAM PIN 788728

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4: HASEN ALI S/O LATE AYUB ALI R/O NS SOLAMONA FOREST VILLAGE P.S. BAZARICHERA DIST KARIMGANJ ASSAM PIN 788728

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5: NACHIR UDDIN S/O LATE INTAI MIYA R/O NS SOLAMONA FOREST VILLAGE P.S. BAZARICHERA DIST KARIMGANJ ASSAM

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PIN 788728

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6: AJIM UDDIN S/O NASIR UDDIN R/O NS SOLAMONA FOREST VILLAGE P.S. BAZARICHERA DIST KARIMGANJ ASSAM PIN 788728 7: ALTAB UDDIN S/O LATE NAJIB ALI R/O NS SOLAMONA FOREST VILLAGE P.S. BAZARICHERA DIST KARIMGANJ ASSAM PIN 788728

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8: JASIM UDDIN S/O RAMIJ UDIN R/O NS SOLAMONA FOREST VILLAGE P.S. BAZARICHERA DIST KARIMGANJ ASSAM PIN 788728 9: SMT. MAMOTA BEGUM

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W/O ABDUL KHALIQUE R/O SHAMBHU NAGAR FOREST VILLAGE P.S. BAZARICHERRA DIST. KARIMGANJ ASSAM PIN 788728 10: SUFLAN UDDIN S/O LATE TAHIR ALI R/O KANAKPUR FOREST VILLAGE P.S. BAZARICHERRA DIST. KARIMGANJ ASSAM PIN 78872 VERSUS

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THE STATE OF ASSAM AND 2 ORS

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REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, ENVIROMENT, FOREST AND CLIMATE CHANGE DEPTT., ASSAM

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SECRETARIAT , DISPUR, GUWAHATI 6

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS

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ARANYA BHAWAN PANJABARI GUWAHATI ASSAM PIN 781037

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3:THE DIVISIONAL FOREST OFFICER KARIMGANJ FOREST DIVISION ASSAM

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Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY

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Advocate for the Respondent : SC, FOREST,

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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02.02.2026

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Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. P.N. Goswami, learned Addl. Advocate General for the respondents.

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2. The petitioners are aggrieved that although they are residents of the forest villages, North South Solomona, Old Solomona, Sambhu Nagar and Kanakpur Forest Villages in Sribhumi District and their families have been residing in these forest villages for about a century and they fall within the category of “other traditional forest dweller” as defined in Section 2(o) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Earlier, eviction notices were issued to the petitioners in the

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year 2023, pursuant to which they approached this Court by filing WP(C) No. 946 of 2023 and WP(C) No. 2540 of 2023. Both the writ petitions were disposed of. WP(C) No. 946 of 2023 was disposed of with a direction that no eviction drive shall be carried out in respect of the lands allotted to the predecessor in interest of the petitioners. WP(C) No. 2540 of 2023 was disposed of granting liberty to the petitioners to submit their representation before the DFO, Longai Forest Division, Karimganj, to justify their continued residence in the forest village and to file all relevant documents in support thereof. The Divisional Forest Officer was required to provide an opportunity of hearing and decide the representation within six weeks from the date of the order passed by the Court.

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3. In deference to the said order, it is the claim of the petitioners that they have filed their representations before the DFO. However, no orders have been passed and instead eviction notices were again issued to the petitioners on 02.01.2026 by the DFO. Being aggrieved the present writ petition has been filed.

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4. The matter was listed on 30.01.2026 when it was deferred on the request made by the learned counsel for the petitioners. Today when the matter is listed, Mr. P. N. Goswami, learned Addl. Advocate General on instructions submits that the representation dated 30.06.2023 stated to have been filed before the respondent authorities in deference to the order dated 20.06.2023 passed in WP(C) No.2540 of 2023, has not been received by the Forest Department. The learned Addl. Advocate General however, submits that even today the petitioners prefer representation with all relevant documents, then

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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 Forest Department, all the petitioners besides their allotted plot of land within the Longai Reserved Forest area have also extended their claim beyond the North South Solomona Forest Villages. Therefore, it is in respect of these plots of land which are beyond the correct boundaries of the North South Solomona Forest, Old Solomona, Sambhu Nagar and Kanakpur Forest Villages 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 North South Solomona, Old Solomona, Sombhu Nagar and Kanakpur Forest 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.

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5. Having perused the written instructions placed before the Court by the State respondent 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 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.

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6. With the above observations, the writ petition stands closed disposed of.

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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 are filed before the DFO, proper acknowledgement will be issued by the DFO's Office.

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Abul Kalam Azad and 9 Ors. v. the State of Assam and 2 Ors.

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