Point of Law: Supreme Court that if order is adverse to occupants, Deputy Commissioner must give reasonable time to occupants to take recourse to appropriate remedy as may be permissible in law.

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 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.

4. The learned Senior counsel appearing on behalf of the Petitioners further submitted that it is on account of the directions so passed by the Division Bench of this Court that the impugned notice has been issued. The learned Senior counsel further submitted that the Respondent Authorities have not taken into consideration the order passed by the Supreme Court dated 03.02.2020 which is an order passed on a Special Leave to Appeal (C) D No.2121/2020 against the said order dated 09.12.2019 passed in PIL No.78/2012. The learned Senior counsel further drawing the attention of this Court submitted that it has been observed by the Supreme Court that the Deputy Commissioners must examine the claim of each occupant on case to case basis and after recording satisfaction, in the light of evidence produced, the said Authority was required to pass appropriate orders as per law. The learned Senior counsel further submitted that even any adversarial order if passed, the same is also required to be informed by the Deputy Commissioner by giving a reasonable opportunity to the occupants to take recourse to the appropriate remedy as permissible under law. The learned Senior counsel therefore submitted that the issuance of the impugned notice has created an apprehension in the mind of the Petitioners that they would be evicted from their respective possession of their lands without adhering to the observations of the Supreme Court in the order dated 03.02.2020.

5. Mr. R. Borpujari, the learned counsel appearing on behalf of the Respondent Nos. 1, 6, 7 and 8 submits that a perusal of the impugned notice dated 04.08.2023 shows that the Circle Officer, Sidli Revenue Circle had directed the Petitioners to vacate the land or else action would be taken as per law meaning thereby that the observations passed by the Supreme Court dated 03.02.2020 would be adhered to.

6. Mr. B. Choudhury, the learned counsel appearing on behalf of the Respondent Nos. 3, 4 and 5 had also made similar submission as was made by Mr. R. Borpujari, the learned counsel for the Revenue Department.

7. This Court have duly perused the materials on record as well as the order passed by the Supreme Court dated 03.02.2020. Taking into account the relevance, the relevant portion of the said order dated 03.02.2020 passed by the Supreme Court is reproduced hereinunder:

“This