GAHC010272592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : PIL/68/2025 LUPTACHAR LP SCHOOL MANAGEMENT COMMITTEE AND 4 ORS.

REPRESENTED BY ITS PRESIDENT, ABDUL HAKIM, AGED ABOUT 38 YEARS, S/O LATE RAHIZUDDIN AHMED, PERMANENT R/O VILL BHATIPARA GAON, PO DUBAPARA, PS MORNOI, DIST GOALPARA, ASSAM, PIN 783101

2: SMT SEBIKA HAJONG W/O DHANESWAR HAJONG PERMANENT R/O VILL BHATIPARA GAON PO DUBAPARA PS MORNOI DIST GOALPARA ASSAM PIN 783101

3: SMT BIBHA RANI HAJONG W/O SHUDHAN HAJONG PERMANENT R/O VILL BHATIPARA GAON PO DUBAPARA PS MORNOI DIST GOALPARA ASSAM PIN 783101

4: ABED ALI PERMANENT RO VILL DASHABHUJA DEBASHTAN PO DUBAPARA PS MORNOI DIST GOALPARA ASSAM PIN 783101

5: SMT RASHMI KOCH W/O VIVEKANANDA BARAIN PERMANENT R/O VILL DAKAIDOL PO MORNOI PS MORNOI DIST GOALPARA ASSAM PIN 78310 VERSUS THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, JANATA BHAWAN, DISPUR, GUWAHATI- 781006

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI -781019

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM PIN - 783101

4:THE BLOCK ELEMENTARY EDUCATION OFFICER MATIA GOALPARA ASSAM PIN 783101

5:THE DISTRICT COMMISSIONER GOALPARA ASSAM PIN 783101

6:THE CIRCLE OFFICER MATIA REVENUE CIRCLE MATIA GOALPARA ASSAM PIN 783101

7:THE DIVISIONAL FOREST OFFICER GOALPARA DIVISION (T)

GOALPARA BADALMARI PIN 78312 Advocate for the Petitioner : MR S BORTHAKUR, SK ABDULLAH,MR. J ABBAS Advocate for the Respondent : SC, ELEM. EDU, MR. P N GOSWAMI, SC, ENVIRONMENT AND FOREST,MS. R B BORA, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

20.03.2026 (K.R. Surana, J)

Heard Mr. J. Abbas, learned counsel for the petitioners. Also heard Mr. S.K.

Talukdar, learned standing counsel for the Elementary Education Department representing respondent nos. 1 to 4; Ms. R.B. Bora, learned Government Advocate representing respondent nos. 5 and 6 and Mr. D. Gogoi, learned standing counsel for the Forest Department representing respondent no.7.

2. In the course of deliberations, the notice of the Court has been drawn to the following –

i) Certificate No. MC.16/Misc.certificate/2022/46 dated 28.07.2023, by which the Circle Officer, Matia Revenue Circle has certified that land measuring (2B-2K-10L) 2 Bigha 2 Katha 10 Lecha, covered by Dag No.140 of Revenue Village Dashabhuja Debasthan is under the possession of the Management Committee of Luptachar L.P. School.

ii) A letter bearing No. BEEO(M)/Misc./2024-25/Pt-I dated 07.11.2025 issued by the Block Elementary Education Officer, Matia, Goalpara stating that Luptachar L.P. School is having land measuring (2B-2K-10L) 2 Bigha 2 Katha 10 Lecha, covered by Dag No.140 of Revenue Village Dashabhuja Debasthan under the possession of the Management Committee of the said School.

iii) On behalf of respondent no.5, an affidavit-in-opposition has been filed on 16.02.2026, by Shri Arun Kumar Brahma, ACS, who was the then Additional District Commissioner (Education), Goalpara, wherein it is stated the Circle Officer, Matia Revenue Circle, has also reported vide Letter No. MC.1/Court/2024/624 dated 21.01.2026 that the Luptachar L.P. School possessed a plot of land measuring 2 Bighas covered by RF Dag No.140, situated at Revenue Village Dashabhuja Debasthan under Matia Revenue Circle, absolutely reserved for forest only.

3. Therefore, the issue involved in this PIL, amongst others is whether the land which is under possession of the School Management Committee of Luptachar L.P. School is situated in a reserved forest area or not.

4. From the contents of paragraph 8 of the affidavit referred above, the reference to “RF Dag” would mean the land is a reserved forest dag. Therefore, either of the said documents, being (i) certificate dated 28.07.2023 by the Circle Officer, Matia Revenue Circle, which does not refer to the Dag as “RF Dag”, (ii) the contents of the