Gauhati High Court
WP(C)/3704/2025 of ABDUR RAHIM AND 46 OTHERS Vs THE STATE OF ASSAM AND 6 ORS on 12 July 2026
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
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
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
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
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
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
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
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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
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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.
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 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