JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

1. Heard Mr. AR Bhuyan, learned Senior counsel assisted by Ms. S Laskar, learned counsel for the petitioners. Also heard Mr. I Borthakur, learned standing counsel for the Forest Department.

2. The present writ petition was filed by 15 writ petitioners aggrieved by the issuance of notices on 24-07-2025, which have been collectively enclosed as Annexure-1 to the writ petition. In terms with said notices, it was alleged that the petitioners entered into the South Nambar Reserved Forest, situated at the Naojan Range Forest Office and the petitioners were asked to vacate.

3. At this stage, it is relevant to take note of certain subsequent events pursuant to the filing of the present writ petition. The Supreme Court in the case of Abdul Khalek & Ors v. State of Assam & Ors reported in 2026 SCC Online SC 184, had disposed of a batch of Special Leave Petitions, thereby directing the Forest Department to carry out a fresh exercise for removal of the encroachment, conforming the principles of fairness, reasonableness and due process. The reserved forests in said proceedings included amongst others the South Nambar Reserved Forest. Paragraph 12, 13, 14 and 15 of the same judgment being relevant, is reproduced here in under:

“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:

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

(ii) The said committee shall issue notice to the alleged unauthorized 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.

(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.

(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.

(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 department.

(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.

(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.

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 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.

14. Accordingly, the judgment dated 18.08.2025 passed by the Division Bench and orders dated 03.11.2025, 06.11.2025, 1