ORDER

Date : 09-02-2021 Heard Mr. N. Dhar, learned counsel for the petitioners. Mr. D. Gogoi, learned Standing Counsel, Forest Department.

The present petitioners are aggrieved as against the order dated 3.3.2016 passed by the respondent No 3, in pursuance to an order dated 14.9.2015 passed in WP(C) No. 5511/2015. Admittedly the petitioner No. 1 is the son of late Bichitra Das who was settled with land measuring 23 bighas 11 kathas of forest land of Gharmura village in his name. On the death of Bichitra Das, the petitioner No.1alongwith another son inherited the possession in respect of the said land. The other son died unmarried and thereafter the petitioner no. 1 as per his claim was the absolute owner in respect of the said land. The petitioner No. 2 was purportedly engaged by the petitioner No. 1 in order to carry out the manual work over the said land measuring 23 bighas 11 kathas. The dispute arose in respect of the possession with the present private respondents following which the petitioner No. 2 acting as the attorney of the petitioner no. 1, filed the suit for recovery of possession against the present private respondents. It is pertinent to mention herein that none of the representatives/officials of the forest department were impleaded in the said suit. The trial court dismissed the suit however the appellate court declared the possession in favour of the petitioner No. 2.

On the strength of said decree, the petitioner No. 2 initiated the move through the Range Officer, Gharmura Range for a proper survey in respect of the possession over the said land measuring 23 bighas 11 kathas . By an enquiry and survey report dated 30.7.2003, a draftsman of the said office of the Range Officer, Gharmura Range reported that the petitioner No. 1 alongwith his adopted son (petitioner No.2) are the original forest villagers. It was also observed that both the petitioners were settled and equally distributed the said land measuring 23 bighas 11 kathas without any objection. The said report the private respondents, moved the Divisional Forest Officer, Hailakandi and as per detailed report dated 3.11.2015, the possession of the private respondents were declared on the said land measuring 23 bighas 11 kathas as the family members of late Bichitra Das. The petitioners filed WP(C) No. 5511/2015 and said writ petition was disposed of vide order dated 14.9.2015 thereby directing the petitioners to file an appeal before the Chief Conservator of Forest, Southern Assam Circle, Silchar. The impugned order referred hereinabove is the outcome of the said appeal preferred by the present petitioner No. 1.

In the impugned order the Chief Conservator of Forest took note about the civil suit filed by the petitioner No. 2 as the constituted attorney of petitioner No. 1 and made an observation about the non impleadment of the forest department (Divisional Forest Officer or any Forest Officer) though the issue of forest land was involved in the suit. Finally the appeal was disposed of by holding as follows:

“ From the above enquiry following points have emerged:

1. Sri Gopesh Das, S/o late Bichetra Das has unauthorisedly and unofficially sold some portion of forest land under his possession to one Sri Ranjit Dutta owner of M/s Rupashree Jwellary , of Gharmura in lieu of Rs.10 lakh.Since it is a forest land, it is non-transferrable as per Rules for the Establishment and Control of Forest Village.

2. Sri Ranjit Dutta has acquired forged documents and submitted then the Court of............

(sic)................

3. In none of the Court Cases, Forest Department was made a party though the land is under control of Assam Forest Department. Further, Sri Ainul Ahmed Laskar Draftsman has given Deposition as PW-5 in T.S.No. 12/2008 in the Hon’ble Court Munsiff No. 2, Hailakandi , without any authority/ instruction from the Divisional Forest Officer, Hailakandi. It points towards his connivance with Sri Ranjit Dutta.

ORDER In view of facts mentioned in foregoing paragraph