The court affirmed the right to representation regarding land status and emphasized adherence to due process for eviction from Village Grazing Reserves, referencing the Assam Land Policy and Supreme Court directives.

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 is that the Petitioners had established a permanent Mosque 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.5 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. Be it as it may, the Petitioners upon setting up the permanent Mosque on the said land, have been requesting the Government for allotment of the said land as the said mosque caters to the needs of the local community residing in and around the said Masjid. Various representations in that regard have been filed from time to time.

5. Ms. M. Barman, the learned Junior Government Advocate submitted that on 03.12.2025, a notice was issued by the Circle Officer, Samaguri Revenue Circle informing the Petitioner No.1 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.

6. 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. It is under such circumstances, the Petitioners have approached this Court.

7. 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.

8. In the meanwhile, an affidavit-in-opposition has been filed by the Respondent No.2 stating inter alia that the land where the Petitioner No.1 Masjid has been constructed is a VGR land, and as such, 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 the Petitioners does not have any documentary evidence that they are landless. The said affidavit-in-opposition was filed on 06.02.2026.

9. It is the case of the Petitioners that the land in question would not be a VGR land unless there is a gazetted notification in that regard containing the statutory declarations and under such circumstances, it was mentioned that in the name of grazing reserve, the Respondent Authorities would not be entitled to take steps for eviction.

10. This Court has given an anxious consideration to their respective pleadings and also heard the lear