Occupants of government land have the right to contest eviction and seek allotment only if they prove the land is not designated for specific reserved purposes.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A.R. Bhuyan, the learned counsel appearing on behalf of the Petitioners and Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Respondent No.1. I have also heard Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 2 to 5.

2. The present petition has been filed by the Petitioners against an action initiated by the District Administration for evicting the Petitioners on the ground that the land in question under the occupation of the Petitioners are Village Grazing Reserve lands.

3. The facts of the instant case as it emerges from the perusal of the writ petition are that the Petitioners claim that they are landless, erosion and flood affected people who are residing in the village Belguri Kacharigaon under Samaguri Revenue Circle, in the District of Nagaon for the last 50-60 years. They expected that the authorities considering their plight would grant allotment of land to them. Be that as it may, nothing is mentioned that they have applied for allotment of land by filing any application.

4. It is the case of the Petitioners that on 03.12.2025, the Respondent Authorities by using mic, announced that the land under their possession is a part of the Village Grazing Reserve and they would be evicted within 15 days from the date of the said announcement.

5. It is the case of the Petitioners that no notice was issued giving them an opportunity to submit their representation claiming their right to remain in occupation of the said land under their possession and also to contest the point that the land in question is not VGR land. Under such circumstances, the Petitioners have approached this Court.

6. This Court vide an order dated 09.01.2026 passed an interim order directing that till 19.01.2026, the Respondents shall not proceed to evict the Petitioners except otherwise following the due process of law. The record reveals that the said interim order thereupon have been extended from time to time.

7. In the meanwhile, an affidavit-in-opposition has been filed by the Respondent No.2 stating inter alia that the lands where the Petitioners have been occupying are VGR lands located at Village Beloguri Kachari Gaon under Mouza Khatowal, Samaguri Revenue Circle, Nagaon. The Petitioners are neither owners nor tenants of the lands which are recorded as VGR lands. Notices were issued to all those who were in possession of lands and they were asked to submit documents on 12.12.2025. But the Petitioners failed to produce any documents substantiating their rights to remain in possession.

8. This Court has given an anxious consideration to the respective pleadings and also heard the learned counsels appearing on behalf of the parties.

9. The submissions so made by the learned counsels are in line of their respective pleadings and for the sake of brevity, this Court is not repeating the same. However, there is a submission being made that even in VGR lands, the question of eviction may not arise as per the judgment of the Supreme Court in the case of Jagpal Singh and Others Vs. State of Punjab and Others , (2011) 11 SCC 396 when such VGR lands are used for community purposes and therefore would come within the ambit of public utility of the land.

10. In the backdrop of the above, this Court finds it very pertinent to take note of that it is an admitted fact that the lands in questi