ORDER

(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 letter dated 07.11.2025 issued by the Block Elementary Education Officer, Matia, Goalpara, which also does not refer to the Dag as “RF Dag”, (iii) the statement made in paragraph 8 of the said affidavit filed on16.02.2026 that the Dag is a “RF Dag”, contradicts each other.

5. Therefore, the Court is inclined to direct the District Commissioner, Goalpara, to have a thorough examination of the records relating to the land possessed by the School Management Committee of Luptachar L.P. School and to report to this Court by referring to the land revenue records as to whether the said land is a reserved forest Dag or is not a reserved forest Dag.

6. We expect that if the contents of the certificate by the Circle Officer, Matia Revenue Circle or the contents of the letter dated 07.11.2025, by the Block Elementary Education Officer, Matia, Goalpara, or the contents of the statement made in paragraph 8 of the affidavit filed on 16.02.2026 is false, then the competent authority, with due notice to the concerned officer, initiate departmental action as a false certificate or endorsement would adversely affect the reserved forest area land of the State.

7. We request that the District Commissioner, Goalpara, would make an endeavour complete the enquiry and submit the report to this Court through the learned Government Advocate within 4(four) weeks from the date of this order.

8. In the meantime, the Ministry of Forest, Environment and Climate Change, Government of Assam, through an Officer not below the rank of Joint Secretary, will also file an affidavit to disclose as to whether Dag No.140, which is claimed to be Reserved Forest Area, is a “Reserved Forest Area Dag” or a Dag w