Due process must be followed in eviction actions from forest land, providing occupants the opportunity to prove lawful possession before enforcement.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. B Purkayastha, the learned counsel appearing on behalf of the petitioners and Ms. N Bordoloi, the learned Standing Counsel, Revenue and Disaster Management Department, who appears on behalf of the respondent No.1; Mr. SS Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 2 and 3. I have also heard Mr. M Kalita, the learned Standing Counsel, Forest Department, who appears on behalf of the respondent Nos.4, 5 and 6.

2. The instant writ petition has been filed by the petitioners herein complaining about the impugned notice dated 22.08.2025 issued by the respondent No.6 which has been enclosed to the writ petition as Anenxure-5.

3. The petitioner No.1 is Sandukpara Nityabazar Jame Maszid (hereinafter to be referred to as the ‘Mosque’) which is being represented by the petitioner No.2 in the present proceedings. It is the case of the petitioners that the aforesaid Mosque was established 55 years ago by constituting a Management Committee in the year 1980 wherein the people of the locality offer their prayers regularly.

4. The Management Committee of the Mosque in question approached the Revenue authorities with a request for allotment of patta of the land where the said Mosque is situated. On receipt of the said request the then Sub-Divisional Officer, North Salmara vide letter dated 01.01.1996 accorded approval for transfer of possessory rights to the Management Committee and accordingly the then Assistant Land Settlement Officer, Boitamari Revenue Cirlce, Abhayapuri vide Memo No.B.S.R.P70/88-91(K) dated 05.04.1996 transferred the possessory rights over an area of 4 kathas of land covered by Dag No.44(Old) and 7(New). However as per Chitha Book Record the said land is shown against Dag No.81.

5. Thereafter, the Circle Officer Boitamari Revenue Circle issued a Notice dated 16.09.2010 to the petitioner No.1 to submit the valid documents with regard to the possession over the aforesaid plot of land on or before 03.10.2010. Thereafter the Management Committee approached the Circle Officer Boitamari Revenue Circle and submitted the allotment order dated 05.04.1996 issued by the Assistant Settlement Officer, Boitamari and upon verification of the records, the proceedings dated 16.09.2010 was dropped against the petitioners.

6. It is the further case of the petitioners that though the petitioners had been allotted the possession over the land in question in the year 1996, the Management Committee of the Mosque applied for allotment of patta under the Basundhara Scheme of the Government of Assam vide application dated 30.12.2024. However the said application is still pending before the Revenue authorities.

7. The grievance of the petitioners herein is that all of a sudden the impugned notice dated 22.08.2025 was issued to the petitioners whereby the petitioners were asked to vacate the premises over which the Mosque is situated within a period of 15 days which was received by the petitioner No.2 only on 27.08.2025.

8. The petitioners on receipt of the impugned notice dated 22.08.2025 had duly submitted a joint representation before the DFO, Bongaigaon stating categorically that the land where the Mosque in question is situated in under Dag No.81 of the Pachagaon Pahar which does not belong to Forest land and accordingly requested for protection of the Mosque from being evicted. However, no action has been taken on the representation so submitted and apprehending that on the basis of the said notice dated 22.08.2025, the petitioners would be evicted, the petitioners have approached this Court by filing the instant writ petition.

9. Mr. B Purkayastha,