Disposed

Abdul Kadir and 132 Ors. v. the Union of India and 9 Ors.

Gauhati HC11 Feb 2026WP(C)/7391/2025

Case brief

AI extract

What is this about?

133 villagers facing eviction notices from reserved forest land in Nagaon challenged the Forest Department's notice. Following the Supreme Court's directions in Abdul Khalek, the High Court directed the authorities to follow that committee-based procedure with speaking orders and notice, maintained status quo over the land in occupation, and disposed of the petition without deciding merits.

What did the court decide?

Petition disposed with directions to follow Supreme Court's Abdul Khalek procedure; status quo on occupied land until compliance; earlier interim order vacated.

Abdul Kadir and 132 Ors. Vs the Union of India and 9 Ors. — Property and Title | Gauhati HC (2026)

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GAHC010005922026

2026:GAU-AS:2040

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

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Case No. : WP(C)/7391/2025

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ABDUL KADIR AND 132 ORS S/O- AIN UDDIN VILL- 9 NO. KHERONI DAPARA DIST- NAGAON ASSAM 2: ABDUL NUR S/O- BARIK ALI VILL- 9 NO. KHERONI HOUSE NO- 188 DAPARA DIST- NAGAON ASSAM

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3: EMRAJUL ISLAM S/O- SAHED ALI VILL- 9 NO. KHERONI DAPARA DIST- NAGAON ASSAM 4: AKBAR ALI S/O- LT ASAN ALI VILL- 9 NO. KHERONI DAPARA DIST- NAGAON ASSAM 5: MAFIDUL ISLAM S/O- TAHAIR ALI VILL- NO.3 RAJAPUKHURI DIST- NAGAON ASSAM

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6: JAMAL UDDIN S/O- SAFIR UDDIN VILL- 9 NO. KHERONI DAPARA DIST- NAGAON ASSAM 7: WAHAB ALI S/O- ABDUL RAHMAN VILL- 9. NO KHERANI DAPARA DIST- NAGAON ASSAM 8: RAMJAN ALI S/O- RABI HUSSEN VILL- 9 NO. KHERONI DAPARA DIST- NAGAON ASSAM 9: ABDUL HASEN S/O- ISAB ALI VILL- LONGJUP PADUMANI HATIPARA FV DIST- NAGAON ASSAM 10: ABDUL HAMID S/O- LT ABDUL MAJIT VILL- 9 NO. KHERONI DAPARA DIST- NAGAON ASSAM 11: JALAL UDDIN S/O- TAHER UDDIN VILL- LONGJUP PADUMANI JURIRPAR BARPANI DIST- NAGAON ASSAM 12: AFTAR UDDIN S/O- SHEIKH MAMUD VILL- LONGJUP PADUMANI HATIPARA FV DIST- NAGAON ASSAM 13: IKRAMUL HUSSAIN

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S/O- SAMSUL HAQUE VILL- LONGJUP PADUMANI HATIPARA FV DIST- NAGAON ASSAM

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14: MAHIJ UDDIN S/O- AMIR UDDINAGE- 40VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 15: ABDUL RAHMAN S/O- ABDUL KADIRAGE- 40VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

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16: SAHAB UDDIN S/O- NUR UDDINAGE- 39VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 17: MAHAMMAD SHAJAHAN S/O- ABDUL NABIAGE- 55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 18: ABDUL JALIL S/O- SHEKH MAMUDAGE- 71VILL- LONGJUP PADUMANI HATIPARA FVDIST- NAGAON ASSAM 19: HABIBUR RAHMAN S/O- SIRAJ UDDINAGE- 55VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 20: NUR UDDIN S/O- SAMEDAGE-55VILL- JURIRPAR BARPANIDIST- NAGAON ASSAM 21: KUDDUS ALI S/O- SABED ALIAGE-70VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

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22: MD AIJUL HOGUE S/O- ABDUL ALIAGE- 55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

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23: SAIDUR RAHMAN S/O- ROCHAMAT ALIAGE- 55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 24: ABDUL HASEN S/O-ABDUL LATIFAGE- 70VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 25: JINNAT ALI S/O- SABED ALIAGE- 55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 26: SHAJAHAN ALI S/O- AHMMAD ALIAGE-62VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 27: IDRIS ALI S/O- SABED ALIAGE- 75VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 28: NUR HUSEN S/O- ABDUL HELIMAGE- 60VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 29: INNAS ALI S/O- SABED ALIAGE- 65VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 30: ABDUL KHALAK S/O- ROCHAMAT ALIAGE- 70VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 31: NUR HUSSEN S/O- LT JAHUR ALIAGE- 48VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 32: KAMAL UDDIN S/O- HARJAT ALIAGE-65VILL- 9 NO KHERONI DAPARADIST- NAGAON

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ASSAM

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33: ABDUL SATTAR S/O- SABED ALIAGE- 85VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 34: ABDUL RAHIM S/O-AKBAR ALIAGE-90VILL- LONGJUP PADUMANIDIST- NAGAON ASSAM 35: MAIN UDDIN S/O- ABDUL MATINAGE- 65VILL- JURIPAR BARAPANIDIST- NAGAON ASSAM 36: ASKAR ALI S/O- ABDUL REJAKAGE- 43VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

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37: ABED ALI S/O- ASMAT ALIAGE- 75VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 38: NUR JAMAL S/O- JABED ALIAGE- 80VILL- 9 NO. KHERANI DAPARADIST- NAGAON ASSAM 39: KAMAL UDDIN S/O- SUKUR ALIAGE-55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

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40: SIRAJUL ISLAM S/O- JABAR ALIAGE-60VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

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41: HUSSEN ALI S/O- MANE HUSSENAGE-40VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

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42: ABDUL KALAM S/O- AMIR UDDINAGE- 47VILL- JURIRPAR BARAPANIDIST- NAGAON

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ASSAM 43: SIDDIQUE ALI S/O- LT UMED ALIAGE- 42VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 44: ABDUL KARIM S/O- ABDUL CHAMIDAGE- 61VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 45: AKAT ALI S/O- MAMUD ALIAGE- 61VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 46: USMAN ALI S/O- ABDUL ALIAGE- 57VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 47: SAHAMMAD ALI S/O- LT ABED ALIAGE- 60VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 48: NUR JAMAL S/O- UBED ALIAGE- 60VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 49: SUKUR ALI S/O- AHED ALIAGE- 62VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 50: SAFIQUL ISLAM S/O- ALI AKBARAGE- 45VILL- KANDAPARA KACHUA NO 1DIST- NAGAON ASSAM 51: ABDUL MATIN S/O- AIN UDDINAGE- 51VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 52: HAMED ALI

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S/O-AMJAT ALIAGE- 60VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 53: ISMAHIL ALI S/O- ABDUL GANIAGE- 55VILL- 9 NO. KHERANI DAPARADIST- NAGAON ASSAM 54: MARFAT ALI S/O- SURJAT ALIAGE-58VILL- PADUM PUKHURI DAPARADIST- NAGAON ASSAM 55: ABDUL RASID S/O- SABED ALIAGE- 30VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 56: AIN UDDIN S/O- LT MOIJ UDDINAGE- 63VILL- LUTUMARI MUKTA FOREST DAPARADIST- NAGAON ASSAM 57: ABDUL MAJID S/O-HASSEN ALIAGE-50VILL- 9 NO. KHERANI DAPARADIST- NAGAON ASSAM 58: ANUWAR HUSSAIN S/O- ALI HUSSENAGE- 47VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 59: GULJAR HUSSAIN S/O- MUSLEM UDDINAGE- 35VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 60: SIKANDAR ALI S/O- ABDUL KUDDUSAGE- 53VILL- LUTUMARI MUKTABANACHAL DAPARADIST- NAGAON ASSAM 61: MUSAHAK ALI S/O- KHALILUR RAHMANAGE-48VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM

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62: SAHED ALI S/O-KHURSHED ALIAGE-43VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 63: ABUL KALAM S/O- MUKLESAR RAHMANAGE-64VILL- KHERONI MAJ GAON DAPARADIST- NAGAON ASSAM 64: AJIJUR RAHMAN S/O- SULTAN MUNSI ALIAGE- 31VILL- LUTUMARI MUKTABANACHAL DAPARADIST- NAGAON ASSAM 65: CHAMUJ ALI S/O- INSAN ALIAGE- 71VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 66: MAFIJ UDDIN S/O- KUDDUS ALIAGE- 75VILL- NO.3 RAJAPUKHURIDIST- NAGAON ASSAM 67: MOFIJUL ISLAM S/O- LT SAHED ALIAGE- 28VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 68: SAHAB UDDIN S/O- RAMJAN ALIAGE-55VILL- DAPARA LUTUMARI AMDUBI FVDIST- NAGAON ASSAM 69: MASTUFA KAMAL S/O-MAHAR ALIAGE- 64VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 70: KHAIRUL ISLAM S/O- AMJOT ALIAGE- 40VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 71: ABDUL KARIM S/O- NIJAM UDDINAGE- 61VILL- HAJ GAON BARPANI BAGANDIST- NAGAON

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ASSAM 72: CHABIKUL ISLAM S/O- SUKUR ALIAGE- 45VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 73: KAMAL UDDIN S/O- LT AIN UDDINAGE- 62VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 74: ALI HUSSEN S/O- SAHAB UDDINAGE- 61VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 75: ABDUL AUAWAL S/O- IBRAHIM ALIAGE- 75VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 76: HARJAT ALI S/O- KASEM ALIAGE-50VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 77: GULJAR HUSSAIN S/O- AKKAS ALIAGE- 40VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 78: RABIYA KHATUN S/O- LT ASAR ALIAGE- 52VILL- MADHAPARA KACHUADIST- NAGAON ASSAM 79: JAKIR HUSSAIN S/O- SAMSUL HUDAAGE-52VILL- KHERONI MAJGAON DUMAIHAGI DAPARADIST- NAGAON ASSAM 80: ABUL HUSSAIN S/O- BABAR ALIAGE- 56VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM

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81: BODIUD JAMAL S/O- YASIN ALIAGE- 72VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 82: ABDUL MALEK S/O- SALAMAT KHANAGE- 53VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 83: SAFIR UDDIN S/O- HUSSAN ALIAGE- 33VILL- MAJGAON DAPARADIST- NAGAON ASSAM 84: AFAJ UDDIN S/O- AGAN ALIAGE- 59VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 85: MASTUFA KAMAL S/O- RUSTUM ALIAGE- 50VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 86: AIJUL ISLAM S/O- JABAN ALIAGE- 35VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 87: SAHID ULLAH S/O- EIJAT ALIAGE- 33VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 88: ABDUL REJEK S/O- MINAT ALIAGE- 85VILL- KANDAPARA KACHUA NO 1DIST- NAGAON ASSAM 89: ABDUL KUDDACH S/O- MAHABBT ALIAGE- 65VILL- KANDAPARA KACHUA NO 1DIST- NAGAON ASSAM 90: FAJLUR RAHMAN S/O- LT. SALAMAT KHANAGE- 55VILL- KATHIATOLIDIST- NAGAON ASSAM

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91: TAYAB ALI S/O- LT SUMSUI TARBIZAGE- 67VILL- KANDAPARA KACHUA NO 1DIST- NAGAON ASSAM 92: ABDUL MANNAN S/O- HASMAT ALIAGE- 60VILL- LONGJAP CHANKHULLA KACHUA NO 1DIST- NAGAON ASSAM 93: UBADULLA S/O- MOZIBUR SHEKHAGE- 24VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 94: HABIKUL ISLAM S/O- JALAL UDDINAGE- 52VILL- HNO 84 BARJARANIDIST- NAGAON ASSAM 95: NAYAB ALI S/O- SUMSUL TARBIZAGE-52VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 96: TAYAB ALI S/O- LT. SUMSUL TARBIZAGE- 67VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 97: AYUB ALI AHMED S/O- SUMSUL TARBIZAGE- 66VILL- KACHUA NO. 1 KACHUA DIST- NAGAON ASSAM 98: HABIBUR RAHMAN S/O- AYAT ALIAGE- 70VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 99: IDRIS ALI S/O- MAIRAT ALIAGE- 26VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 100: HASEN ALI S/O-SAFAR ALIAGE- 55VILL- KACHUA NO. 1

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KACHUADIST- NAGAON ASSAM 101: ABDUL SALAM S/O- ABDUL SATTARAGE- 52VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 102: SHIRAJUL ISLAM S/O- LT. ABU SAYEDAGE- 60VILL- KACHUA NO.1 KACHUA DIST- NAGAON ASSAM 103: NURUL ISLAM S/O- JAYNAL ABDINAGE- 70VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 104: ISA MUDDIN S/O- ABDUL HALIMAGE- 30VILL- KANDAPARA KACHUA NO. 1DIST- NAGAON ASSAM 105: MOIJUL ISLAM S/O- ABDUL LATIF KHAAGE- 40VILL- KANDAPARA KACHUA NO. 1 DIST- NAGAON ASSAM 106: ABDUL MALEK S/O- LT. UMED ALIAGE- 55VILL- RANGULU BASTI KACHUA NO. 1DIST- NAGAON ASSAM 107: MANJUL HAQUE S/O- MAFIZ UDDINAGE-28VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 108: EMADADULLAH S/O- ALI NAWAJAGE- 57VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 109: AMIN AHAMMAD S/O- ROHIM UDDINAGE-38VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM

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110: SAFIYA KHATUN S/O- MAJIBUR RAHMANAGE- 67VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 111: HABIBUR RAHMAN S/O- AAJAT ALIAGE- 70VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 112: ALIMAN NESSA S/O- MAFIZ UDDINAGE-31VILL-CHANKHULA KACHUADIST- NAGAON ASSAM 113: SAHAJ UDDIN S/O- ARKKEL ALIAGE- 75VILL- CHANKHULA KACHUA NO.1DIST- NAGAON ASSAM 114: RASHIDUL ISLAM S/O- KHAJAN ALI VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 115: AMINUL HAQUE S/O- MAINUL HAQUEAGE- 32VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 116: ABDUL MATALIB S/O- HAPHIZ UADDINAGE- 49VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 117: HAJRAT ALI S/O- CHAMCHU UDDINAGE- 75VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 118: AJIJUL HAQUE S/O- ABDUL JABBARAGE- 45VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 119: SELIM UDDIN S/O- AKKEL ALIAGE- 70VILL- CHANKHULA

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KACHUADIST- NAGAON ASSAM 120: NUR MAHAMMAD S/O- RAMJAN ALIAGE- 46VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 121: ROCHMAT ALI S/O-EAKIN ALIAGE- 60VILL- CHANAKHOLA KACHUA NO. 1DIST- NAGAON ASSAM 122: JAMAL UDDIN S/O- ABDUL RAHMANAGE-60VILL- CHANAKHOLA KACHUA NO. 1DIST- NAGAON ASSAM 123: MAINUL HAQUE S/O- FOIZ UDDINAGE- 51VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 124: ABDUL MATIN S/O-BARAKAT ALIAGE- 59VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 125: JALAL UDDIN S/O- SAFIR UDDINAGE-77VILL- CHANAKHOLA KACHUA NO. 1DIST- NAGAON ASSAM 126: ABUL KALAM S/O- ABBAS ALIAGE- 62VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 127: MAKBUL HUSSAIN S/O- NEMAT ALIAGE- 63VILL- CHANKHOLA KACHUA NO. 1DIST- NAGAON ASSAM 128: SHAHIN SHAH S/O- MAFIZ UDDINAGE- 50VILL- CHANKHOLA KACHUA NO. 1DIST- NAGAON ASSAM

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129: MAFIZ ULLAH S/O- SANU ULLAAGE- 70VILL- 9 NO. KHERONIDIST- NAGAON ASSAM 130: JANGSED ALI S/O- ABDUL MATALIBAGE- 39VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 131: SAFIQUL ISLAM S/O- SAFIR UDDINAGE- 52VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 132: MAHAMMAD ALI S/O- GAFUR ALIAGE- 40VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 133: FAKAR UDDIN S/O- ARFAN ALI VILL- 9 NO. KHERONI DAPARA DIST- NAGAON ASSAM VERSUS THE UNION OF INDIA AND 9 ORS TO BE REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI INDIA 2:THE STATE OF ASSAM

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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 AND FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR

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GUWAHATI- 781006

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4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND 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

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6:DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM.

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7:DISTRICT COMMISSIONER NAGAON ASSAM 8:SUPERINTENDENT OF POLICE NAGAON ASSAM

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9:CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM.

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10:OFFICER-IN-CHARGE KACHUA POLICE STATION NAGAON ASSAM. ------------

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BEFORE

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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For the Petitioner(s) : Mr. A. R. Bhuyan, Advocate For the Respondent(s) : Mr. M. R. Adhikari, CGC : Mr. D. Gogoi, Standing Counsel : Ms. P. R. Mahanta, Standing Counsel : Mr. S. S. Roy, Government Advocate

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· Date on which Judgment was reserved : N/A

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· Date of Pronouncement of Judgment : 12.02.2026

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Whether the pronouncement is of the Operative Part of the Judgment : No

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Whether the full Judgment has been Pronounced : Yes

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JUDGMENT AND ORDER (ORAL)

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Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners and Mr. M. R. Adhikari, the learned CGC appearing on behalf of the Respondent No.1. I have also heard Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Respondent Nos. 2, 3, 5 and 6; Ms. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Respondent No.4; Mr. S. S. Roy, the learned Standing counsel appearing on behalf of the Respondent Nos. 7 to 10.

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2. One hundred thirty-three (133) writ Petitioners joined together

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to file the instant writ petition challenging the notice dated 08.12.2025 issued by the Respondent Authorities and further seeking that the Respondent Authorities be restrained from disturbing the peaceful possession of the Petitioners and carrying out any demolition or eviction in respect to their houses and residential plots at Dumaihagi Dapara Villages, Chankhola and Kandapara Villages and Longjup Padumoni (Hatipara Forest Village) Villages under Lutumai Reserved Forest in Nagaon District.

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The Petitioners have also sought for directions that the Respondents should provide benefits to the Petitioners under the National Food Security Act, 2013; Right to Education Act, 2009 and the Assam Panchayat Act, 1995 and all other necessary benefits.

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This Court enquired with Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners in respect to the prayer pertaining to seeking directions in respect to National Food Security Act, 2013; Right to Education Act, 2009 and the Assam Panchayat Act, 1995 and he submitted that the Petitioners would be well advised not to insist the said prayer in the present proceedings and if there is any violation to the provisions of the said Acts, the Petitioners be granted the liberty to agitate the same by way of separate writ petition. The prayer being reasonable,

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liberty is granted to the Petitioners to agitate their grievances in respect to the infraction of the provisions of the aforesaid by way of separate writ petition(s).

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In the backdrop of the above, this Court therefore takes up the instant writ petition only on the question pertaining to the challenge to the notice dated 08.12.2025 issued by the Respondent Authorities as well as the eviction which is sought to be carried out by the Respondent Authorities on the basis of the impugned notice dated 08.12.2025.

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The case of the Petitioners herein are that they have been residing in the villages of Dumaihagi Dapara Villages, Chankhola and Kandapara Villages and Longjup Padumoni (Hatipara Forest Village) Villages under Lutumai Reserved Forest in Nagaon District for many years. It is claimed by the Petitioners that the original pattadars through lawful and valid means have granted the Petitioners permission to reside upon the said lands and cultivate the lands.

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On 08.12.2025, notices were issued by the Divisional Forest Officer, Nagaon Forest Division to the various Petitioners. The Petitioners apprehended that on the basis of the said notice dated

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08.12.2025, the Petitioners would be evicted and as such, the Petitioners have approached this Court.

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This Court has heard the learned counsel appearing on behalf of the parties including the counsel who appears on behalf of the Forest Department.

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Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Forest Department submitted that the said notices were issued in pursuance to the directions passed by the learned Division Bench of this Court in the Judgment dated 18.08.2025 passed in Writ Appeal No.251/2025 and Writ Appeal No.252/2025. He further submitted that against the said judgment passed by the learned Division Bench of this Court dated 18.08.2025, Special Leave to Appeals were filed before the Supreme Court and vide a judgment dated 10.02.2026, the Supreme Court disposed of those appeals by issuing certain directions. The learned Standing counsel further submitted that in view of the said observations and directions made by the Supreme Court, the Forest Department now would take steps in accordance with the said directions passed.

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This Court enquired with Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners as to whether the lands in

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question wherein the Petitioners are residing fall within the reserved forest. The learned counsel for the Petitioners submitted that the lands under their occupation no doubt are reserved forest land but they were issued settlement certificates for temporary settlement under the Tonguya/Tangiya system in the year 1974.

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This Court has duly perused the judgment of the Supreme Court in the case of Abdul Khalek and Others Vs. The State of Assam and Others dated 10.02.2026. A perusal of the said judgment reveals that while those appeals were pending before the Supreme Court, an additional affidavit was filed on 18.01.2026 by the State of Assam, the contents of which were reproduced in the said judgment. The Supreme Court at paragraph No.12 of the said judgment delineated the policy decision of the State of Assam to remove unauthorized occupation from the reserve forest. In addition to that, the Supreme Court also observed at Paragraph No.13 that on behalf of the State of Assam, the learned Solicitor General has assured that the mechanism evolved by the State shall be complied with objectively and with fairness while taking action for removal of unauthorized occupation in the reserved forest.

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Taking into account the said, this Court finds it relevant to reproduce paragraph Nos. 12 and 13 of the said judgment in the

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case of Abdul Khalek and Others (supra).

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“ 12 . Thus, from perusal of aforesaid additional affidavit filed on behalf of the respondents, the following policy decision to remove unauthorised occupation from the reserved forest has been taken:

¶84

(i) The respondents shall constitute a committee comprising forest officials and the revenue officials.

¶85

(ii) The said committee shall issue notice to the alleged unauthorised occupants and shall give them an opportunity to adduce evidence to show that they have the right to occupy the land which is in their possession.

¶86

(iii) The action for removal of encroachment shall be taken, only if it is found that there is an encroachment in the reserved forest area.

¶87

(iv) In case the noticee is found to be within the revenue limits, outside the notified forest area, the details of the noticee shall be sent to the revenue department. In such cases, revenue department shall decide the future course of action.

¶88

(v) The action is being taken by the State to remove encroachment from the reserved forest areas and has nothing to do in respect of the matters which may be referred to the revenue

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department.

¶91

(vi) If an unauthorised occupation is found in a reserved forest area, after scrutiny of the documents, a speaking order shall be passed and shall be served on the concerned person giving him 15 days notice to vacate the unauthorized occupation and only after expiry of the period of notice, the action shall be taken to remove the unauthorised occupants.

¶92

(vii) Occupation of a Gaon Panchayat in a forest is permissible if there is a sufficient proof as per the Jamabandi Register maintained by the Forest Department or as provided under the Forest Rights Act.

¶93

13 . In our opinion, the course of action to be adopted by the State Government while removing the encroachment from the reserved forest contains sufficient procedural safeguards. The process sought to be adopted by the State Government for removal of encroachment conforms to the principles of fairness, reasonableness and due process. Learned Solicitor General has assured us that the mechanism evolved by the State shall be complied with objectively and with fairness while taking action for removal of unauthorised occupation in the reserved forests. The parties are directed to maintain status quo in respect of land in occupation of the appellants/writ petitioners till speaking order is passed and till expiry of notice period of 15 days. All contentions are kept open to be agitated before the committee. It is

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¶95

clarified that this Court has not expressed any opinion on merits of the claim of the parties, as the same has to be examined by the committee.”

¶96

In view of the observations made by the Supreme Court at Paragraph Nos. 12 and 13, it is the opinion of this Court that the instant writ petition can be disposed of in the similar manner thereby directing the Respondent Authorities to carry out the required procedure and steps in terms with the directions passed by the Supreme Court at Paragraph Nos. 12 and 13 in the case of Abdul Khalek and Others (supra) as quoted herein above.

¶97

Accordingly, the instant writ petition therefore stands disposed of with directions upon the Respondent Authorities more particularly the Forest Department, Revenue Department, District Administration as well as the Police Authorities who are parties to the instant proceedings to comply as per the directions passed by the Supreme Court at Paragraph Nos. 12 and 13 in the case of Abdul Khalek and Others (supra) .

¶98

Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners submitted that some form of interim directions may be given.

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¶100

At Paragraph No.13 of the judgment of the Supreme Court in the case of Abdul Khalek and Others (supra), the Supreme Court has categorically mentioned that the parties were directed to maintain status quo in respect of land in occupation till Speaking Orders are passed. The Petitioners therefore are also entitled to similar directions to the extent that the parties herein shall maintain status quo in respect to the land in occupation of the Petitioners till the directions in terms with Paragraph No.12 of the judgment passed by the Supreme Court in the case of Abdul Khalek and Others (supra) are not complied with.

¶101

This Court has not decided on the merits of the inter-se dispute while passing the instant judgment which shall be decided by the Committee to be constituted as per the judgment of the Supreme Court.

¶102

Interim order passed earlier stands vacated.

¶103

Bijoy Saha

¶104

Digitally signed by Bijoy Saha Date: 2026.02.13 10:52:17 +05'30'

¶105

JUDGE

¶106

Comparing Assistant

Abdul Kadir and 132 Ors. v. the Union of India and 9 Ors.

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Abdul Kadir and 132 Ors. v. the Union of India and 9 Ors.

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