Page No. 1/6 GAHC010144892025 2025:GAU-AS:8793-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/220/2025 SAMAD ALI AND 16 ORS S/O ENNUS ALI 2: SHAHITAN BEWA D/O MAHIJUDDIN SHEIKH R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 3: HUJUK ALI S/O ABDUL SHEIKH R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 4: SABER ALI S/O HECHAR SHEIKH R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 5: CHAYBHAN BEWA W/O SEHAR ALI R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 Page No. 2/6 6: ABDUL MATLEB S/O SAMATULLYA SHEIKH R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 7: ACHAMAN ALI S/O PAWAR HUSSAIN R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 8: HAMED ALI S/O AYANAL HAQUE R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 9: AJAHAR ALI S/O GOFAFAR ALI R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 10: RAHMAN ALI S/O AJIMUDDIN R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 11: RAHIM ALI S/O HUJUG ALI R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 Page No. 3/6 12: ABIYA BIBI C/O ABUHAT SHEIKH R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 13: AMURUDDIN SHEIKH C/O HAKIM ALI R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 14: CHAKIDAR ALI C/O SOMSER ALI R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 15: JAHAR BHAN BIBI W/O SALEMAN ALI R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 16: AFULUDDDIN SHEIKH S/O PABAR HUSSAIN R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-783130 17: SHAHINUR ALOM S/O MONSER ALI R/O VILL- KANKATA PART-I P.O.- SIMLITOLA DIST- GOALPARA ASSAM PIN-78313 Page No. 4/6 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND ECY. TO THE GOVT. OF ASSAM, REVENUE DEPTT., DISPUR, ASSAM, GUWAHATI 6 2:THE DISTRICT COMMISSIONER GOALPARA DIST- GOALPARA ASSAM PIN-783101 3:THE ASSTT. SETTLEMENT OFFICER RANGJULI REVENUE CIRCLE DIST- GOALPARA ASSAM PIN-783134 4:THE CIRCLE OFFICER RANGJULI REVENUE CIRCLE DIST- GOALPARA ASSAM PIN-78313 Advocate for the Petitioner : MR. S B LASKAR, MR. A S TAPADER,MR. H A LASKAR,MS D DUTTA,S.U. CHOUDHURY Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27.06.2025 [Manish Choudhury, J.] Heard Mr. S.B. Laskar, learned counsel for the appellants; Mr. R. Borpujari, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Ms. R.B. Bora, learned Junior Government Advocate, Assam for the respondent nos. 2 – 4. Page No. 5/6 2. Aggrieved by an Order dated 25.06.2025 passed by the learned Single Judge in the writ petition, W.P.[C] no. 3669/2025, the appellants have preferred the instant intra-court appeal. 3. The gist of the submissions advanced by the learned counsel for the appellants are in brief, that they have been served with notices for eviction, all dated 02.06.2025, whereby they have been asked to vacate a plot of land covered by Government Dag no. 149, which is shown to be VGR land. The notices have been issued by the jurisdictional Circle Officer. 4. In the writ petition, the appellants-petitioners have assailed those notices. The learned Single Judge has declined to extend any interim relief to the appellants-petitioners as the concerned land is described as VGR land and in view of the settled position of law as regards VGR land. Taking note of the observations made by the Hon’ble Supreme Court in Jagpal Singh and others vs. State of Punjab and others, [2011] 11 SCC 396, about VGR land, no interim relief has been extended. 5. In Paragraph 22 of Jagpal Singh [supra], the Hon’ble Supreme Court has observed that there should be speedy eviction process of illegal occupants from VGR land. But the process should involve issuance of a Show Cause Notice and a brief hearing to the noticees. 6. The appellants herein have contended that in the notices dated 02.06.2025, there is no indication of any hearing. 7. In the light of the observations made in Jagpal Singh [supra] regarding giving of a brief hearing to the persons who are found to be in illegal occupation of VGR land, we are of the considered view that the jurisdictional Circle Officer before proceeding further on the notices, should give a hearing to the noticees who have been served with the notices dated 02.06.2025. Such an exercise is to be completed as expeditiously as possible, within an outer limit of 30 [thirty] days from today. 8. The impugned Order dated 25.06.2025 stands modified to that extent. It is needless to Page No. 6/6 state that the writ petition is to be heard on its own merits. 9. The instant writ appeal stands disposed of in the afore-stated terms. JUDGE JUDGE Comparing Assistant