Abdul Khalek v. The State of Assam and 6 Ors

O R D E R

05.04.2024.

Mr. S.K. Chakma, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel for the Forest Department, Mr. N. Goswami, learned Govt. Advocate for the State respondents and Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department appearing for respondent No.5. Page No.# 3/3 By filing this Writ Petition, the petitioner sought quashing and setting aside the impugned order dated 25.01.2023, issued by the Divisional Forest Officer, Nagaon Wildlife Sub-Division and Deputy Director, Kaziranga Tiger Project, whereby the respondent authorities sought to evict the petitioner. It is submitted at the Bar that the petitioner has already been evicted and to that extent, the Writ Petition has become infructuous. It is further submitted at the Bar that as regards the prayer of rehabilitation, there is a notification to ensure that such evicted persons are to be rehabilited, subject to certain conditions. In view of the aforesaid endorsement made by the respective counsels, this Court is of the considered view that for the ends of justice, the Writ Petition can be disposed of with a direction to the petitioner to file an application before the concerned respondent authority with a prayer for rehabilitation. As and when such application is filed, the concerned respondent authority shall consider the same in accordance with law, within a period of six (6) months from the date of receipt of certified copy of this order. With the aforesaid direction and observation, this Writ Petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010029502023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/785/2023o ABDULoKHALEKo SONoOFoAIYUBoALI,o VILLAGE-oGANESHoTAPU,o P.S.-oJURIA,oSUB-DIVISIONoNAGAON,o DISTRICT-oNAGAON,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoGOVERNMENToOFoASSAM,o DISPUR,oGUWAHATI,oASSAM-06. 2:THEoCOMMISSIONERoANDoSECRETARY oGENERALoADMINISTRATIONoDEPARTMENT oGOVT.oOFoASSAM oDISPUR oGUWAHATI oASSAM-06. 3:THEoCOMMISSIONERoANDoSECRETARYoOFoTHEoGOVT.oOFoASSAM oENVIRONMENToANDoFORESToDEPARTMENT oDISPUR oGUWAHATI oASSAM-06. 4:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESToFORCE oASSAM oENVIRONMENToANDoFORESToDEPARTMENTo ARANYAoBHAWAN oPANJABARIoROADo GUWAHATI oASSAM oPIN-o781037. Page No.# 2/3 5:PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT F BLOCK 1ST FLOOR ASSAM SECRETARIAT (CIVIL) DISPUR GUWAHATI-06. 6:THE DEPUTY COMMISSIONER NAGAON P.O.- NAGAON DIST.- NAGAON ASSAM PIN - 782002. 7:THE DIVISIONAL FOREST OFFICER NAGAON WILDLIFE SUB-DIVISION AND DEPUTY DIRECTOR KAZIRANGA TIGER PROJECT KATIMARI NAGAON ASSAM PIN- 782002 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI