Eviction notices must respect principles of natural justice, allowing individuals to present claims before taking any action against their occupancy of Government land.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. M. A. Sheikh, the learned counsel appearing on behalf of the Petitioner and Ms. G. Hazarika, the learned Standing counsel appearing on behalf of the Respondent No.1. I have also heard Mr. S. S. Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 2 and 3.

2. The Petitioner herein has filed the instant writ petition complaining about the notice issued by the Respondent No.3 which has been enclosed to the writ petition as Anenxure-6.

3. The Petitioner herein claims that she is in possession of a small plot of land at village Paschim Boragaon in the District of Kamrup (M).

4. The case of the Petitioner herein is that she was a landless person in search of a plot of land for residential purposes. She came across a plot of land admeasuring 1 Katha, covered with thick jungle, situated at Paschim Boragaon under the Guwahati Revenue Circle, and since then the said land has been under her possession and care for several years. Be that as it may, it is also an admitted fact, as would be evident from Paragraph No. 5 of the writ petition, that the Respondent No.1 issued a notification dated 11.11.2022 prescribing the procedure for settlement of land in favour of landless persons. Accordingly, the Petitioner submitted an online application to the Respondent No. 2 seeking settlement of the said land in her favour. In that regard, an acknowledgment application has also been issued in favour of the Petitioner on 02.04.2023 which is part of the record and has been enclosed as Annexure-4 to the writ petition

5. Mr. M. A. Sheikh, the learned counsel appearing on behalf of the Petitioner submitted that no decision have been taken in respect to the said application by the Respondent Authorities. It is however pertinent to observe that filing of application seeking settlement prima facie appears that the Petitioner has admitted that the said land is Government land. The learned counsel for the Petitioner further submitted that the Petitioner also had raised constructions over the said land.

6. The grievance of the Petitioner however is that while her application seeking settlement is pending, the Respondent Authorities have issued notice on 05.02.2026 under Section 18(3) of the Settlement Rules to the Petitioner. The said notice dated 05.02.2026 as already stated above has been enclosed as Annexure-6 to the writ petition.

7. The learned counsel for the Petitioner submitted that the Respondent No.3 by way of the said notice dated 05.02.2026 have directed the Petitioner to vacate the land within 15 days without carrying out any adjudication as regards the rights of the Petitioner qua the land under her possession. The learned counsel further submitted that on one hand, the Petitioner has been asked to vacate within 15 days and on the other hand, the Petitioner has been also asked to appear for hearing on the 14th day of the notice which means that even if any representation is submitted, it would not be a meaningful exercise. He therefore submitted that this is a fit case where the impugned notice dated 05.02.2026 is required to set aside and quashed.

8. Per contra, Ms. G. Hazarika, the learned Standing counsel appearing on behalf of the Revenue Department submitted that the land in question being Government lands, no person has rights to remain in occupation of such land unless allotted and settled as per the provisions of the Assam Land and Revenue Regulation, 1886 read with the Settlement Rules. He further submitted that instead of setting aside the notice, the notice be construed as Show Cause Notice upon the Petitioner and