Disposed¶57

Jakir Hussain and Ors. v. the State of Assam and Ors.

Gauhati HC18 Sept 2025WP(C)/5493/2025

Case brief

AI extract

What is this about?

grazing land; VGR; village grazing reserve; community land; encroachment; illegal encroachers; eviction/vacate notice dated 25.07.2025; landless; allotment by Circle Officer; patta; settlement application; Jagpal Singh & Ors. v. State of Punjab & Ors.; (2011) 11 SCC 396; Gauhati High Court; WP(C)/5493/2025; Nagaon; Dhing Revenue Circle; Batabari; Sonarigoan; Sanjay Kumar Medhi; 19.09.2025; writ petition disposed; no interference; fresh allotment application permitted

What did the court decide?

No interference with the notice dated 25.07.2025; petitioners remain free to submit application(s) for allotment of land, which the competent authority may consider strictly in accordance with law. ¶57

Jakir Hussain and Ors. Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No interference with the notice dated 25.07.2025; petitioners remain free to submit application(s) for allotment of land, which the competent authority may consider strictly in accordance with law.

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Issue for consideration

Whether interference by this Court is called for with the notice dated 25.07.2025 directing the petitioners to vacate, as illegal encroachers, the land under their possession, which is grazing land.

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Court's answer

From a bare perusal of the impugned notice, the land in question clearly appears to be grazing land; the Court further noted that the orders of settlement themselves describe the land as grazing land.

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Ratio / Principle

In view of the law laid down by the Hon'ble Supreme Court in Jagpal Singh & Ors. v. State of Punjab & Ors., (2011) 11 SCC 396 - that VGR/community land cannot be allotted and must be made encroachment-free - this Court is of the opinion that no interference is called for with the impugned notice.

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Key takeaways

The petitioners may submit application(s) for allotment of land as otherwise permitted in law, and if such application(s) is filed, the competent authority may consider the same, strictly in accordance with law.ratio¶57

Detailed headnote1 paragraphs

Gauhati High Court (Sanjay Kumar Medhi, J.), order dated 19.09.2025 in WP(C)/5493/2025 - Jakir Hussain and 25 others, residents of Village Batabari, P.S. Dhing, District Nagaon, challenged a notice dated 25.07.2025 directing them to vacate land in their possession as illegal encroachers, claiming prior allotment of the land by Circle Officers and pending applications for settlement/patta. The Court found from the impugned notice and from the settlement orders that the land is grazing land, and, in view of the Supreme Court's ruling in Jagpal Singh & Ors. v. State of Punjab & Ors., (2011) 11 SCC 396 (VGR/community land cannot be allotted and must be made encroachment-free), held that no interference with the notice was called for. The writ petition was disposed of with liberty to the petitioners to submit fresh application(s) for allotment of land, to be considered by the competent authority strictly in accordance with law.

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GAHC010205692025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/5493/2025

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JAKIR HUSSAIN AND ORS S/O- ABDUL BARIK, R/O- VILL- BATABARI, P.O- SONARIGOAN, P.S.- DHING, PIN- 782123, DISTRICT- NAGOAN, ASSAM.

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2: MOHIJUL ISLAM S/O- ABDUL KHALEK R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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3: HAJRAT ALI S/O- LATE RUCHTUM ALI

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R/O -VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 4: NUR JAMAN S/O- MANNAS ALI

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R/O VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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5: JELEKA KHATUN W/O- LATE SURUJ ALI

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R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 6: MUJARUL HOQUE S/O- IBRAHIM ALI R/O VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 7: ABDUL CHAHID S/O- ABDUL GANI R/O VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 8: REJIYA KHATUN W/O- LATE HARJAT ALI R/O VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 9: APTAR ALI S/O- LATE MICHAN SHEIKH R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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10: JAYGAN NESSA W/O- MURCHID ALI R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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11: MANNASH ALI S/O- SAPTAR ALI R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 12: ABDUL CHALAM S/O- LATE ABDUL MAJID

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R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 13: ACHADULA S/O- LATE TAHER ALI R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM.

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14: IFTIKAR ALAM S/O- AMIR UDDIN. R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM.

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15: HALIM UDDIN S/O- LATE SEKENDAR ALI. R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM.

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16: KADDUCH ALI S/O- LATE SARAFAT ALI

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R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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17: ABDUL RAHIM S/O- IMAM UDDIN R/O VILL- BATABARI P.O- SONARIGOAN P.S. DHING PIN- 782123 DISTRICT NAGOAN ASSAM

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18: TAMIR UDDIN S/O HASSEN ALI

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R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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19: MAJIBUR RAHMAN S/O- JAMIR UDDIN

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R/O VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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20: BILLAL ALI S/O- LATE SEKENDAR ALI R/O -VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 21: FAYJUL HOQUE S/O- LATE JAMJAD ALI R/O -VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 22: MOJIBUR RAHMAN S/O- ABDUL MALEK R/O VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 23: AINUL HOQUE S/O - LATE ISMAIL ALI R/O VILL- BAT-ABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM 24: HARMUJ ALI S/O LATE HARJAT ALI R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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25: IDRIS ALI

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S/O- ABDUL BARIK R/O- VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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26: ABDUL KACHEM S/O- LATE ABDUL MAJID

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R/O VILL- BATABARI P.O- SONARIGOAN P.S.- DHING PIN- 782123 DISTRICT- NAGOAN ASSAM

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VERSUS

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THE STATE OF ASSAM AND ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006

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2:THE SECRETARY GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPT JANATA BHAWAN DISPUR GUWAHATI-781006.

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3:THE DISTRICT COMMISSIONER NAGAON ASSAM DEPUTY COMMISSIONER OFFICE CHRISTIANPATTY NAGAON PIN- 782001.

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4:THE CIRCLE OFFICER DHING REVENUE CIRCLE NAGAON ASSAM PIN-783102

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5:SUPERINTENDENT OF POLICE NAGAON ASSA

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Advocate for the Petitioner : MR. M H ALI, FARHIN FARID,MR. S M MUNIR,MR. K MOHAMMED,MR. Z KHALID

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Advocate for the Respondent : GA, ASSAM, SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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19.09.2025

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Heard Shri Z Khalid, learned counsel for the petitioners, who are aggrieved by the notice dated 25.07.2025 whereby they have been directed to vacate the land under their possession by terming them as illegal encroachers.

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2. It is the case of the petitioners that they were allotted land by the Circle Officers by various orders as they were landless and they are in continuous possession. It is also the case of the petitioners that in the meantime, they have filed application for proper settlement and issuance of patta and without considering the same, the impugned notice has been issued.

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3. Shri R Borpujari, learned Standing Counsel, Revenue Department, Assam, has, however disputed the factual proposition and has submitted that the orders sought to be relied upon were conditional orders which otherwise, do not appear to be in consonance with the Rules holding the field. He has submitted that there is no dispute that the land in question is grazing land and the same is reflected from the impugned notice itself. He has submitted that the Hon’ble Supreme Court in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors. , reported in (2011) 11 SCC 396 has clearly laid down that the VGR land is community land which cannot be allotted and should be made encroachment free.

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4. From a bare perusal of the impugned notice, it clearly appears that the land in question is grazing land. This Court has also noticed that in the orders of settlement, the land in question has been stated to be grazing land. The Hon’ble Supreme Court in the aforesaid case of Jagpal Singh & Ors. (supra), has made the following observations:

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“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/unauthorised occupants of the 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 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 regularising the illegal possession. Regularisation should only be permitted in exceptional cases e.g. where lease has been granted under some government notification to landless labourers or members of the Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.”

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5. In view of the aforesaid provision of law which has been laid down by the Hon’ble Supreme Court, this Court is of the opinion that no interference is called for with regard to the impugned notice.

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6. At this stage, Shri Khalid, learned counsel for the petitioners submits that the petitioners cannot be left remediless.

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7. In view of the above, the petitioners may submit application for allotment of land which is, otherwise permitted in law and if such application(s) is filed, the competent authority may consider the same which, however has to be done strictly in accordance with law. Writ petition stands disposed.

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JUDGE

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Comparing Assistant

Jakir Hussain and Ors. v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Jakir Hussain and Ors. v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

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