WP(C)/3370/2026 of SURJYAPUR JAME MASJID AND 2 ORS Vs THE STATE OF ASSAM AND 4 ORS on 23 June 2026

ORDER

Date : 24.06.2026 Heard Mr. A.R. Bhuyan, learned Senior Counsel assisted by Mr. I. Hussain, learned counsel for the petitioners; Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 1, 3, 4 & 5; and Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for the respondent no. 2.

2. The petitioners have stated that they have received notices, all dated 09.06.2026 from the respondent no. 5, whereby the petitioners have been informed that a date of hearing has been fixed on 25.06.2026.

3. As per the notices, all dated 09.06.2026, addressed to the petitioners, a complaint was purportedly received by the respondent no. 5 to the effect that the petitioners are in unauthorized occupation in a Government plot of land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur. By the notices, the petitioners have been asked to submit the requisite documents at his Office within a period of fifteen days from 09.06.2026 and also to appear in the hearing scheduled at his Office on 25.06.2026. By the notices, the petitioners are also informed that in the hearing, they can submit all the supporting documents in support of their claim as against the complaint regarding unauthorized occupation. The notices also indicate that in the absence of supporting documents, the petitioner should vacate the Government land or else, appropriate actions would be taken as per extant rules and regulations of the Government.

4. The petitioners have stated that in a Meeting of the Sub-Divisional Land Advisory Committee [SDLAC], Tezpur held on 13.03.1992, with the respondent no. 3 in the Chair, the SDLAC vide Resolution no. 120 reserved a parcel of Government Ceiling Surplus Land at Borsola Bagan under Dag no. 1 ‘kha’ measuring 5 Bighas for the three petitioners earmarking for a Masjid, a Madrassa and a Kabarsthan. The petitioners have stated that the jurisdictional Gaon Panchayat had also issued No Objection for construction of a Masjid, a Madrassa and a Kabarsthan in the lands reserved by the SDLAC.

5. Mr. Bhuyan, learned Senior Counsel appearing for the petitioners has submitted that though the petitioners have all the requisite documents to support the claim that the petitioners are not in unauthorized occupation of the Government land as alleged in the Notice, the petitioners are presently not in the position to submit all the supporting documents in the hearing scheduled on 25.06.2026 by the respondent no. 6. He has submitted that the petitioner will appear in the hearing scheduled on 25.06.2026 and will make a prayer for granting a period of further two weeks to submit all the supporting documents in support of the claim. He has further submitted that if any complaint submitted before the respondent no. 6 is the basis for issuance of the Notice dated 09.06.2026, then a copy of such complaint is to be furnished to the petitioners so that they can effectively respond to the Notice.

6. Mr. Das and Mr. Bhattacharjee, learned cousnel appearing for the State respondents have submitted that since the submissions of the learned Senior Counsel appearing for the petitioners seem reasonable, and the petitioners are appearing before the respondent no. 5 in the hearing scheduled on 25.06.2026, the petitioners after appearance can make such prayer for time and a copy of the complaint, if any, received by the respondent no. 5.

7. In view of the above submissions made by the learned counsel for the parties and also, considering the difficulties raised by the petitioners, and the assertion made on behalf of the petitioners that the petitioners have all the supporting documents to refute the claim that they are in unauthorized occupation of Government plot of land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur as alleged in the Notice, this writ petition is disposed of with a direction to the petitioners to appear in the hearing scheduled before the respondent no. 5 on 25.06.2026 and upon appearance, they shall make an application seeking time period of 2 [two] weeks for submission of their replies along with all the supporting documents and to supply them a copy of the complaint, if any. If such an application is made by the petitioners in writing, the respondent no. 5 shall afford the time period of 2 [two] weeks to the petitioners to submit their replies with all the supporting documents in connection with the subject-matter of the Notice and also furnish a copy of the complaint, if any, received by him as regards the petitioners’ alleged unauthorized occupation of Government land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur. On 25.06.2026, the respondent no. 6 shall also fix the next date of hearing with due intimation to all the stakeholders. It is further observed that after completing the hearing, the respondent no. 5 shall pass a speaking order after giving due consideration to the replies received from the petitioners and after affording them an opportunity of personal hearing. It is further observed that the copy of the speaking order to be passed after such hearing, is also to be communicated to the petitioners immediately thereafter.

8. With the observations made and the directions given above, the writ petition is disposed of.

JUDGE

Comparing Assistant