Abdul Ajit @ A Ajid and 3 Ors v. The State of Assam and 6 Ors

ORDER Date : 08.04.2024

Mr. S.K. Chakma, learned counsel for the petitioners. 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. Page No.# 3/3 Mahanta, learned Standing Counsel, Revenue Department appearing for respondent No.5. By filing this Writ Petition, the petitioners 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 petitioners have 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 petitioners 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 GAHC010030622023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/814/2023o ABDULoAJITo@oAoAJIDoANDo3oORS.o S/O.oLT.oOSMANoALI,oVILL.oGOLIRPARoCHAPORIo(BORACHAPORI),oP.S.o TEZPURo(RIVER),oDIST.oSONITPUR,oASSAM. 2:oNURUDDIN oS/O.oABDULoKHALEKoALo@oA.oKHELAK oVILL.oSHIALIoCHARo(BORACHAPORI) oP.S.oLAOKHOWAoCHAPORI oDIST.oSONITPUR oASSAM. 3:oAGJORoALI oS/O.oLT.oKHURSHEDoALI oVILL.oSHILAICHARo(BORACHAPORI) oP.S.LAOKHOWAoCHAPORI oDIST.oSONITPURoASSAM. 4:oJAYNALoABEDIN oS/O.oLT.oKHURSHEDoALI oVILL.oSHILAICHARo(BORACHAPORI) oP.S.LAOKHOWAoCHAPORI oDIST.oSONITPURoASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM,oDISPUR,oGUWAHATI,o ASSAM-06. 2:THEoCOMMISSIONERoANDoSECY oGENERALoADMINISTRATIONoDEPT. oGOVT.oOFoASSAM oDISPURoGUWAHATI oASSAM-06. Page No.# 2/3 3:THE COMMISSIONER AND SECY. OF THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPT. DISPUR GUWAHATI ASSAM-06. 4:THE PRINCIPAL CHIEF CONSERVATOR FOR FOREST FORCE ASSAM ENVIRONMENT AND FOREST DEPT. ARANYA BHAWAN PANJABARI ROAD GUWAHATI ASSAM PIN-781037. 5:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPT. F BLOCK IST FLOOR ASSAM SECRETARIAT (CIVIL) DISPUR GUWAHATI-06. 6:THE DEPUTY COMMISSIONER SONITPUR P.O. TEJPUR DIST. SONITPUR ASSAM PIN-784001. 7:THE DIVISIONAL FOREST OFFICER NAGAON WILD LIFE 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 HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI