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2023 Supreme(Gau) 883

DEVASHIS BARUAH
Fojal Hoque, S/o. Kurman Ali @ Kurpan Ali @ Kurma Ali – Appellant
Versus
State Of Assam, Represented By Its Commissioner And Secretary, Government Of Assam, Revenue Department – Respondent


Advocates Appeared:
For the Petitioners: Mr. K. N. Choudhury, Mr. S. Das.
For the Respondents: Mr. R. Borpujari, Mr. B. Choudhury.

JUDGMENT :

1. The instant writ petition is filed challenging the notice dated 04.08.2023 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 04.08.2023. 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 dated 09.12.2019 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 requir

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