The court emphasized due process and natural justice in eviction cases relating to government land, mandating opportunities for representation and personal hearings before eviction can proceed.

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Mr. M. U. Mondal, the learned counsel appearing on behalf of the petitioner. Mr. S. S. Roy, the learned Government Advocate appears on behalf of the respondent Nos.1, 3 & 4. Ms. N. Bordoloi, the learned counsel appears on behalf of the respondent No.2.

2. Two (2) writ petitioners have joined together to file the instant writ petition complaining about the notice issued by the Respondent No.4 which has been enclosed to the writ petition as Annexure-4.

3. The petitioner No.1 is the President and the petitioner No.2 is the Secretary of the Koreya FCI Bazar Jame Masjid established in the year 1990. The petitioners herein claim that the Koreya FCi Bazar Jame Masjid stands on a plot of land at village Koreya Pahar in the District of Bongaigaon.

4. The case of the petitioners herein is that by the Resolution No. 43 dated 10.07.2013, the Sub-Divisional Officer (C), South Salmara, Abhayapuri resolved to allot an area of land measuring 2 kathas 10 lechas, out of total land 2 bighas 4 kathas 15 lechas covered by Dag No. 150 (Part) Village, Koreya Pahar in favour of the President/ Secretary, Koreya Pahar, FCI Masjid Ghar. The extract of the said resolution according to the petitioners is stated to be certified by the Sub-Divisional Officer (C), North Salmara, Abhayapuri. The said document is enclosed as Annexure- 1 to the writ petition.

5. Mr. M. U. Mondal, the learned counsel appearing on behalf of the petitioners submitted that on 22.12.2022, a Deed of Trust between Abdul Hakim and the petitioner No.2 was executed before the Senior Sub-Registrar, Kamrup (M), Guwahati to run the Koreya Bazar FCI Jame Masjid and on 23.12.2022, a certificate has been issued by the Officer of the Senior Sub- Registrar, Kamrup (M), Guwahati stating that the Koreya Pahar Bazar FCI Jame Masjit has been duly registered under the provisions of the Indian Registration Act, 1908 under the Government of Assam.

6. The grievance of the petitioners however is that on 08.01.2026, the Circle Officer, Boithamari Revenue Circle issued an eviction notice to the petitioners asking them to vacate the schedule land on or before 23.01.2026, otherwise the petitioners would be evicted. In this regard, the petitioners have submitted a representation to the respondent No.4 on 17.01.2026 for settlement of the said plot of land.

7. Mr. M. U. Mondal, the learned counsel appearing on behalf of the petitioners submitted that no decision have been taken in respect to all the application by the Respondent Authorities. It is however pertinent to observe that filing of application seeking settlement prima facie appears that the petitioners have admitted that the land in question is a Government land. The learned counsel for the petitioners further submitted that the petitioners also have raised constructions over these lands.

8. The grievance of the petitioners however is that while their application seeking settlement are pending, the Respondent Authorities have issued notice under Section 18(3) of the Settlement Rules to the Petitioners. The said notice as already stated above has been enclosed as Annexure-4 to the writ petition.

9. The learned counsel for the Petitioners submitted that the Respondent No.4 by way of the notice has directed the Petitioners to vacate the lands by 23.01.2026 without carrying out any adjudication as regards the rights of the petitioners qua the land under their possession. The learned counsel further submitted that this is