Grazing land cannot be regularized or allotted to unauthorized occupants except in exceptional cases (e.g., landless laborers, SC/ST, or public utilities), and illegal occupants must be evicted after a show-cause notice and a brief hearing.

ORDER

1. Heard Shri A.R. Bhuyan, learned counsel for the petitioners. Also heard Shri H. Sarma, learned Additional Senior Government Advocate, Assam; Shri RKD Choudhury, learned Dy. SGI and Ms. G. Hazarika, learned Standing Counsel, Revenue Department.

2. Considering the facts and circumstances of the case and, as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the motion stage itself. Suffice it to mention that when this matter was taken up for consideration on 18.12.2025, time was granted to the learned counsel for the petitioners to obtain instructions, which he has accordingly done.

3. The Writ Court has been approached with the following prayers:

“

PRAYER

In the premises of aforesaid it is most respectfully prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, call for the records and issue Rule, calling upon the Respondent authorities to show cause as to why a writ in the nature of Certiorari, Mandamus and/or any other writ, order or direction, as prayed for shall not be issued to:-

A) quash/set aside the impugned eviction notice dated 03/12/2025 issued by respondent authorities;

B) direct/command the respondents not to give effect to the impugned eviction notice and not carry out any demolition or eviction action in respect of the land and Masjid and Eidgah under the occupation and management of the Petitioners;

C) declare that the Petitioners occupation and use of the land in question is lawful and protected, and that no coercive action can be taken without due process of law and without cancellation of the lawful administrative decision governing the land;

D) Pass such other order(s) as may be deemed just and proper in the interest of justice, equity, and good conscience.

-AND-

Upon cause/causes being shown by the respondents and on perusal of records and hearing the parties be pleased to make the Rule absolute.

-AND-

INTERIM PRAYER

In the interim pending final disposal of this writ petition, this Hon'ble Court maybe pleased to

i. quash/set aside the impugned eviction notice dated 03/12/2025 issued by respondent authorities;

ii. restrain the Respondents from taking any coercive action, including eviction, demolition, or disturbance of possession and religious activities in respect of the land and Masjid under management the of the Petitioners;

iii. maintain status quo in respect of the land and structure involved in the present writ petition;

-AND-

This Hon'ble Court may further be pleased to pass such further order/orders as this Hon'ble Court may deem fit and proper in the interest of justice.

And your humble petitioner as in duty-bound shall ever pray for your Lordship's kind act.”

4. As per the facts projected, the petitioners are aggrieved by the eviction process over the land under their possession which the claim since the year 1994. It is also the case of the petitioners that in the year 2009, a proposal was mooted for such allotment and accordingly, there is a legitimate expectation for allotment of such land.

5. As recorded by this Court in the earlier order dated 18.12.2025, the stand of the respondent authorities is that admittedly, the land in question is grazing land and the issue of allotment of grazing land would not arise, more so, in view of the settled law, more particularly, the case of Jagpal Singh & Ors. V