The court established that eviction processes in reserved forests must comply with procedural safeguards, allowing occupants an opportunity to contest their status before removal.

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

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.

2. Seventy-three (73) writ Petitioners joined together 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 Padum Pukhuri, Dapara, Lutumari Mukta Bananchal, Dapara, 9 No. Kheroni @ Kherani, Dapara, Kheroni Dapara, Longjup N.C., Panditghat, Barpani, Longjup Padumoni (Hatipara Forest Village), Jurirpar, Nagaon District.

3. 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.

4. 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, 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).

5. 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.

6. The case of the Petitioners herein are that they have been residing in the villages of Padum Pukhuri, Dapara, Lutumari Mukta Bananchal, Dapara, 9 No. Kheroni @ Kherani, Dapara, Kheroni Dapara, Longjup N.C., Panditghat, Barpani, Longjup Padumoni (Hatipara Forest Village), Jurirpar, 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.

7. 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 08.12.2025, the Petitioners would be evicted and as such, the Petitioners have approached this Court.

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

9. 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 d