Atiqur Rahman and 16 Ors. Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

Atiqur Rahman and 16 Ors. Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition closed/disposed of with directions: petitioners to file detailed representations with all necessary documents before the DFO, Karimganj Division, Sribhumi by 09.02.2026; DFO to examine each case individually and pass appropriate orders by 25.02.2026; DFO's Office to issue proper acknowledgement upon filing; failing representations, respondent authorities at liberty to proceed per procedure prescribed in law.

Issue for consideration

Whether the petitioners are in possession of land within village Madhubond or had encroached inside the Duhalia Reserved Forest, to be established through verification.

Court's answer

This Court directed the writ petitioners to file their detailed representation, supported by all necessary documents, before the DFO, Karimganj Division, Sribhumi within one week, i.e., representations to be filed by 09.02.2026.

Ratio / Principle

Once the applications are filed, the DFO shall examine each and every case individually and pass appropriate orders within 15 days, i.e., by 25.02.2026.

Key takeaways

If the petitioners fail to file representations as permitted by the Court, the respondent authorities are at liberty to proceed as per the procedure prescribed in law.ratio¶46
Once representations are filed before the DFO, proper acknowledgement will be issued by the DFO's Office.ratio¶48

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/506/2026 (Justice Soumitra Saikia, order dated 02.02.2026): Atiqur Rahman and 16 others, residents of village Madhurbond (Patharkandi, Sribhumi district) near the Duhalia Reserved Forest, challenged further eviction notices dated 01.01.2026 issued by the DFO. Their earlier challenge (WP(C) No. 159/2024, after 2023 eviction notices) had resulted in a direction to the Circle Officer, Patharkandi Revenue Circle and the Range Officer, Doholia to verify possession within village Madhubond versus encroachment inside the Reserved Forest; the on-site verification did not occur as scheduled, signatures of 30-35 persons were collected on blank sheets, and no orders followed. The learned Standing Counsel for the Forest Department stated on instructions that eviction would not be pursued regarding the allottees' plots within Madhurbond village held from their predecessors-in-interest, while lands beyond the correct village boundaries would face vacation or eviction procedure. The Court disposed of the petition, directing the petitioners to file detailed representations with supporting documents before the DFO, Karimganj Division, Sribhumi by 09.02.2026, and requiring the DFO to examine each case individually and pass appropriate orders by 25.02.2026, with acknowledgements to issue on filing; absent representations, respondents remain free to proceed per the procedure prescribed in law.

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GAHC010018782026

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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

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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

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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

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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

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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

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

JUDGE

Comparing Assistant