FOJAL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition is filed challenging the notice dtd. 4/8/2023 issued by the Circle Officer, Sidli Revenue Circle whereby the Petitioners along with the other noticees were informed that they should shift from the encroached "Protected Tribal Belt and Block" area within 15 days or else action will be taken as per law.

(2.) Taking into account the issue involved, this Court proposes to dispose of the instant writ petition at the motion stage itself.

(3.) The facts enumerated in the writ petition are that the Petitioners have been residing in their lands since ages and all of a sudden, the impugned notice was issued on 4/8/2023. Mr. K. N. Choudhury, the learned Senior counsel has drawn the attention of this Court to the order passed by the Division Bench of this Court dtd. 9/12/2019 in PIL No.78/2012 whereby the Division Bench of this Court issued various observations which were made to the effect that the Deputy Commissioners of Bongaigaon, Kamrup (Metro), Morigaon, Sonitpur and Tinsukia have been entrusted with the responsibility under the policy adopted by the State of Assam and accordingly directions were issued to them to take necessary action as required by law against the encroachers and file their personal affidavits verifying the action taken in regard to removing illegal encroachment from tribal areas. In the similar vein, directions were also issued to the Principal Secretary to the Bodoland Territorial Council area namely, Kokrajhar, Chirang, Baksa and Udalguri to file their personal affidavit with regard to the action taken for removal of illegal encroachment from the said areas.