MD ISHAQUE ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.P. Roy, the learned Counsel appearing for the petitioners. Also heard Mr. P.S. Deka and Mr. N.J. Khataniar the learned Government Advocates who make submission on behalf of the respondents.

(2.) The four writ petitioners in the WP(C) No.4179/2009 challenge the eviction notices (Annexure-1, 2, 3 & 7) in the Encroachment Case No.19/2009 and 50/2009, issued on 16.5.2009 and 13.8.2009 respectively, whereby the Addl. Deputy Commissioner, Kamrup (M) has directed summary eviction of the encroachers of Govt. land, under Rule 18(2) of the Settlement Rules framed under the Assam Land & Revenue Regulation 1886 (hereinafter referred to as the "Land Revenue Regulation"). The notices indicate the area occupied by the concerned individual in Ulubari Mouza, covered by Dag No.175 and 175/1034. There is no dispute that the occupied area is Government land of Village & Mouza Ulubari, in Guwahati town.

(3.) When the eviction notices in the Encroachment Case No.19/2009 were received, the first three petitioners filed Appeal under Section 147 of the Land Revenue Regulation before the Revenue Board. But the Chairman of the Board observed that the appellants are encroachers and are not claiming title over the land. Therefore intervention with the eviction notices on the technical plea of non-description of the boundary, was found to be untenable to sub-vent the course of law and thus, the appeal was dismissed by the Board through the order dated 3.9.2009 (Annexure-5).