Disposed¶31

Jamaluddin v. the State of Assam and 8 Ors.

Gauhati HC4 Jan 2026WP(C)/7464/2025

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/7464/2025; Jamaluddin v. State of Assam & 8 Ors.; Soumitra Saikia, J.; order dated 05.01.2026; eviction notice dated 21.11.2025; DFO Nagaon Division; Divisional Forest Officer; show cause notice; reserved forest land; encroachment; fresh replies by 22.01.2026; personal hearing; 15 days to vacate; Nagaon district; Kampur Revenue Circle; Kachua Police Station; Forest Department Assam; writ petition disposed of.

What did the court decide?

Petitioner permitted to file fresh replies to the Show Cause Notice by 22.01.2026 with documents; replies to be considered expeditiously with an opportunity of personal hearing; if the consideration goes against him, a further 15 days to vacate the land, failing which authorities may act in accordance with law. ¶31

Jamaluddin Vs the State of Assam and 8 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, served with an eviction notice dated 21.11.2025 by the DFO, Nagaon requiring him to produce documents supporting his possession within 15 days failing which he would be evicted, should be given a further opportunity to reply to the Show Cause Notice and be heard. +1 more

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Court's answer

Irrespective of whether any reply was filed earlier, fresh replies against the Show Cause Notice were to be submitted by the petitioner within 22.01.2026 along with documents.

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Ratio / Principle

If such replies are filed within the specified time, they are required to be considered expeditiously, with the petitioner being given an opportunity of personal hearing.

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Key takeaways

In case the reply is not filed within the time specified, the respondent authorities would be at liberty to proceed in accordance with law.ratio¶29
In case the consideration goes against the petitioner, a further 15 days would be afforded to him to vacate the land, failing which the authorities would have liberty to take actions in accordance with law.ratio¶30
The writ petition stands disposed of with the above directions.

Detailed headnote1 paragraphs

Gauhati High Court (Soumitra Saikia, J.), WP(C)/7464/2025, order dated 05.01.2026: Petitioner Jamaluddin challenged an eviction notice dated 21.11.2025 issued by the DFO, Nagaon directing him to produce documents supporting possession over plots of land within 15 days failing which he would be evicted; the land was stated by the Forest Department to be reserved forest land. Balancing the equities, and irrespective of whether any reply had been filed earlier, the Court directed that fresh replies against the Show Cause Notice be submitted by 22.01.2026 along with documents; such replies to be considered expeditiously with an opportunity of personal hearing; failing timely reply, the authorities to be free to proceed in accordance with law; and if the consideration went against the petitioner, a further 15 days to vacate the land before action in accordance with law. Writ petition disposed of.

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GAHC010285072025

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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)/7464/2025

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JAMALUDDIN

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S/O. ABDUL BAREK, VILL. - LONGJUMP 700 ACRE PADUMONI, MAUZA - GORUBAT, P.O. - BARPANI, P.S. KOCHUA, DIST. - NAGAON, ASSAM, PIN -782426.

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VERSUS

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THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-6.

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6.

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4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ASSAM PANJABARI GUWAHATI-37.

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5:THE CHIEF CONSERVATOR OF FORESTS ASSAM PANJABARI GUWAHATI-37.

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6:THE DIVISIONAL FOREST OFFICER

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NAGAON DIVISION NAGAON PIN -782001. 7:THE DISTRICT COMMISSIONER NAGAON DISTRICT NAGAON PIN -782001. 8:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON PIN -782426. 9:THE OFFICER -IN-CHARGE KACHUA POLICE STATION NAGAON PIN- 782426

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Advocate for the Petitioner : MS. S B CHOUDHURY,

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Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FOREST

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BEFORE

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HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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05.01.2026

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Heard Ms. S. B. Choudhury, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel, Forest Department.

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2. The grievance of the petitioner is with regard to an eviction notice dated 21.11.2025 issued by the DFO, Nagaon. By the said notice, the petitioner was directed to produce the documents to support his possession over the plots of land within a period of 15 days failing which he is to be evicted from the said land.

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3. The learned counsel for the petitioner has submitted that he is in

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occupation of land in question since a long period of time and the same is not any reserved forest land. It is contended that the representation has been filed after the impugned notice which has not been considered.

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5. Mr. I. Borthakur, learned Standing Counsel, Forest Department has submitted that adequate time was granted to the petitioner to show cause which does not appear to has been done and the land in question are reserved forest land. He has emphasized the requirement of making all forest land encroachment free which is also the mandate of the Hon’ble Supreme Court.

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6. Considering the rival submissions and balancing the equities, irrespective of whether any reply has been filed earlier or not, let fresh replies be submitted against the Show Cause Notice within 22.01.2026 along with documents. If such replies are filed within the specified time, the same are required to be considered expeditiously in which the petitioner be given an opportunity of personal hearing. It is made clear that in case the reply is not filed within the time specified, the respondent authorities would be at liberty to proceed in accordance with law.

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7. It is also provided that in case the consideration goes against the petitioner, further 15 days time be afforded to him to vacate the land in question failing which the authorities would have the liberty to take actions in accordance with law.

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8. Accordingly, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Jamaluddin v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Jamaluddin v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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