Page No.# 1/11 GAHC010228372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5920/2025 NAJIR AHMED AND 28 ORS S/OLATE MATABAR ALI, VILL. NIZ BAGHMARI, P.O. BURIGANG, P.S. GINGIA, DIST. BISWANATH, ASSAM, PIN 784176 2: AIAB ALI S/O ABDUL MAJID VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GANGA DIST. BISWANATH ASSAM PIN 784176 3: FARIZ UDDIN AHMED S/O NAUSAD ALI VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GANGIA DIST. BISWANATH ASSAM PIN 784176 4: KADER ALI S/O LATE BAJER ALI VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 Page No.# 2/11 5: ABDUL MAJID S/O LATE DANESH SHEIKH VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 6: ANWAR ISLAM S/O ABDUL MALEK VILL.NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 7: HAZRAT ALI S/O LATE ISAB ALI VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 8: NURJUL ALI S/O ABDUL RAHIM VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 9: KUDUS ALI W/O AKKAS ALI VILL.NIZ BAGHMARI R/O BURIGANG P.S. GANGIA DIST. BISWANATH ASSAM Page No.# 3/11 PIN 784176 10: FORJUN ALI S/O SIDDIQUE ALI VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 11: SAMNUR ALI S/O SIDDIQUE ALI VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 12: ABDUL MALEK S/O LATE NAIBULLAH SHEIKH VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 13: BAKKAR ALI S/O LATE SOIR UDDIN VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 14: SIDDIQUE ALI S/O SAMED ALI VILL.NIZ BASGHMARI R/O BURIGANG P.S. GINGIA Page No.# 4/11 DIST. BISWANATH ASSAM PIN 784176 15: HAREJ ALI S/O MUNSOR ALI VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 16: JABED ALI S/O ABDUL MAJID VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GANGIA. DIST/ BISWANATH ASSAM PIN 784176 17: ABDUL HAKIM S/O LATE ABU SHEIKH VILL.NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 18: ABDUL SALAM S/O LATE ABU SHEIKH VILL.NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 19: PHONUWAR ISLAM S/O ALI MOHAMMAD VILL. NIZ BAGHMARI P.O. BURIGANG Page No.# 5/11 P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 20: SAHIDUL HOQUE S/O ALI MOHAMMAD VILL.NIZ BAGHMARI P.O BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 21: AMINA KHATUN W/O LATE NUR HOQUE VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 22: ABU HUSSAIN S/O AFAR ALI VILL.NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 23: HAMED ALI S/O LATE ABDUL KADER VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 24: SAMED ALI S/O LATE ABDUL KADER Page No.# 6/11 VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 25: SAMSUL HOQUE S/O LATE KAJIMUDDIN ALI VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 26: ADAM ALI S/O LATE PARACHU UDDIN VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 27: ICHAR ALI S/O FAKIR ALI VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 28: ABDUL ALI S/O PARAS UDDIN VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 29: GAJIUR RAHMAN Page No.# 7/11 S/O AYNAL HOQUE VILL. NIZ BAGHMARI P.O. BURIGANG P.S. GANGIA DIST. BISWANATH ASSAM PIN 78417 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI 781006 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GUWAHATI 781006 3:THE DIST. COMMISSIONER BISWANATH DIST. ASSAM PIN 784177 4:THE CIRCLE OFFICER BISWANATH REVENUE CIRCLE DIST. BISWANATH ASSAM PIN 78411 Advocate for the Petitioner : MR. A M AHMED, B DAS,MS. P GHOSH Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 8/11 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 15.10.2025 Heard Shri AM Ahmed, learned counsel for the petitioners. Also heard Shri H Sarma, learned Addl. Sr. Govt. Advocate, Assam as well as Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department. 2. Considering the subject matter involved and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage itself. Suffice it to say that this Court another writ petition, namely, WP(C)/5025/2025 has examined the issue and the said writ petition was disposed of on 18.09.2025. 3. The challenge in this writ petition is against impugned identical notices dated 20.08.2025 issued by the Circle Officer, Biswanath Revenue Circle under Regulation 18(1) and (2) of the Assam Land and Revenue Regulation (ALRR), 1886. For better appreciation, the contents of one of the notices are extracted hereinbelow: “ NOTICE It has come to the notice of the undersigned that you have encroached to the land of Village Grazing Reserve (VGR) described in the schedule below of village- Baghmari under Baghmara Mauza. In that context and in exercise of the power conferred by Section 18(2) of the Assam Land and Revenue Regulation Act (ALRR), 1886, order passed by the Supreme Court of India in Appeal No.1132/2011 @ SLP(C) No.3109/2011 (Civil Appellate Jurisdiction) and Memo No.RSS 188/2011/Pt./29 dated 15/06/2015 of Revenue and Disaster Management Department, and the order of the District Commissioner, Biswanath, vide No.ECG-154128 dated 18/08/2025, this notice is issued to you under the provision of Section 18(2) and (3) of the Assam Land and Revenue Regulation, directing you to dispose of any structure, house, shop, building Page No.# 9/11 illegally constructed by you on the land and any kind of cultivation done on the land and vacate the land within 15 days of issue of this notice. If you have any claim of right over the land, you are asked to inform the office of the undersigned with relevant documents/ particulars. Otherwise, the encroachers will be responsible for their eviction from the land and for imposition of fine as per the rules/sub-rules of Assam Land and Revenue Regulation, 1886. Scheduled of Land Ka) Revenue village – Niz Baghmari Kha) Dag No. 189 Gogchar (VGR) and 203 No. Gopchar (VGR) Sd/- Circle Officer Biswanath Revenue Circle Biswanath Chariali” 4. Shri Ahmed, learned counsel for the petitioners has submitted that the aforesaid provisions of law are not applicable as the petitioners are not encroachers. Rather, it is contended that the petitioners are erosion affected persons and in this regard, a communication of 1957 has been relied upon, as per which, certain grazing land under Dag No. 25, Baghmara Mouza were dereserved for settlement. The settlement process was initiated and the predecessors of the petitioners were given Annul Periodic Patta for different plots of land. He has also submitted that even before independence, a Gaonburah was appointed. He accordingly submits that the present notices are not sustainable in law. 5. Shri Sarma, learned State Counsel has strenuously opposed the writ petitions by submitting that those have been presented at the pre-mature stage as final decision is yet to be taken. He has denied that any part of the grazing land were ever de- Page No.# 10/11 reserved and allotted to any person. He has also submitted that the records do not contain any communication of 1957 of dereserving of any grazing land. 6. Shri Ahmed, learned counsel for the petitioners has however submitted that pursuant to the impugned notices, the petitioners have filed their individual responses along with all the documents to show their bona fide. He has also disputed the Map enclosed to the affidavit-in-opposition and on the other hand has placed before this Court a Map which has been stated to be extracted from the website. 7. After considering the rival submissions, this Court is of a prima facie opinion that a final decision is yet to be taken by the respondent authorities after the individual response and documents have been submitted by the petitioners in response to the notice dated 20.08.2025. It also appears that there are disputes which are factually in nature and which can be gone into only by the authorities after proper verification with the records and other contemporaneous materials. As observed above, while the petitioners have claimed that they are not encroachers and have documents to show their settlement, the said fact has been stoutly refuted on behalf of the State. It is needless to mention that if encroachments are found in VGR land, the same are to be removed which has been directed by the Hon’ble Supreme Court in the case of Jagpal Singhs Vs. State of Punjab, reported in (2011) 11 SCC 396 wherein the following directions have been given: “23. Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal / unauthorized occupants of Gram Sabha / Gram Panchayat / Poramboke / Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India Page No.# 11/11 are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.” 8. In view of the aforesaid situation, this Court is of the opinion that the appropriate authority, in the office of the District Commissioner, Biswanath be directed to take a final decision by considering the individual response and the documents submitted by the petitioners pursuant to the notices dated 20.08.2025. Such decision, as directed above, is to be taken after giving the petitioners personal hearing and by making any inquiry through any authorized person, if deemed necessary. The decision be taken expeditiously and till such decision is taken, status quo as on today be maintained. 9. The writ petition is accordingly disposed of in terms of the observations made above. JUDGE Comparing Assistant