MONIKHA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ petition instituted under Article 226 of the Constitution of India, the petitioners, 20 [twenty] in nos., have assailed a contemplated process of eviction, which has been initiated by serving a notice upon them under the hand of the respondent no. 3, that is, the Circle Officer, Naharkatia Revenue Circle, District - Dibrugarh. By the notice, shown to have been issued on 30/10/2023, the petitioners have been informed that they are encroaching upon parcels of Government land and these parcels of Government land, had already been allotted for widening of public road, for establishment of a Sub-Division Office at Naharkatia and for construction of a Cricket Stadium. The petitioners have been informed by the notice that they should vacate the parcels of land, which are under their unauthorised occupation, within a period of 15 [fifteen] days from the date of receipt of the notice.

(2.) I have heard Mr. M. Barman, learned counsel for the petitioners and Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. R. Borpujari and Ms. P.R. Mahanta, learned Standing Counsel, Revenue and Disaster Management Department for the respondent nos. 1 - 4 and 6; and Ms. A. Gayan, learned Central Government Counsel [CGC] for the respondent no. 5.

(3.) The learned counsel for the parties have submitted that the pleadings between the parties have already been exchanged and the writ petition can be taken up for final consideration at the motion stage itself. Accordingly, as agreed to by the learned counsel for the parties, the writ petition has been taken up for final consideration.