Rights for land allotment must align with governmental policies and regulations, specifically regarding Village Grazing Reserves, which are not subject to allocation except under defined exceptional circumstances.

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 are the shop owners carrying their respective business over the land belongs to Belguri Natun Bazar, Panjagana Jame Masjid. The said Masjid situated in a plot of land admeasuring 1 Bigha 2 Kathas under Dag No.3 of Village Belguri under Khatowal Mouza in the District of Nagaon. It is an admitted fact as stated in Paragraph No.9 of the instant writ petition that the land in question is situated under Khatowal Mouza in village Belguri and falls under Kisamat No.3, Grazing Dag.

4. It is the case of the Petitioners that on 03.12.2025, a notice was issued by the Circle Officer, Samaguri Revenue Circle informing the Petitioner No.14 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 notice. The Petitioners were also asked to submit valid documents relating to the said land within 7 days before the Circle Officer, Samaguri Revenue Circle and the date of the hearing was fixed on 12.12.2025 at 11:00 AM.

5. It is the further case of the Petitioners that the Petitioners thereupon submitted a representation to the District Commissioner, Nagaon to stop the eviction inasmuch as, the market set up in the said land was done with the permission of the concerned Gaon Panchayats and an application has also been filed for allotment of one bigha of land. The said representation being not considered, the Petitioners have therefore approached this Court by filing the present writ petition.

6. This Court vide an order dated 09.01.2026 passed an interim order directing that there shall be no eviction in terms with the notice dated 03.12.2025. The record reveals that the 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 land wherein the shops of the Petitioners were located is a VGR land. Formal notices were issued to those who have encroached the VGR land at Beloguri, Kachari Gaon. It is also mentioned that on the date fixed for hearing i.e. on 12.12.2025, the Petitioners failed to produce any valid document/records during the time of hearing. Further to that, it is also mentioned that Beloguri Natun Bazar Panjagana Masjid and Beloguri Natun Bazar are located on VGR land. The said affidavit-in-opposition was filed on 06.02.2026.

8. This Court has given an anxious consideration to their 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 wit