EVICTION NOTICES IN DHEKIAJULI
STAFF REPORTER
GUWAHATI: The Gauhati High Court, in an interim order, directed that the state government "shall not take any coercive measure" against the 244 persons who had moved the Court against the eviction notices issued by the Circle Officer of the Dhekiajuli Revenue Circle, Sonitpur without disposing of the representation of the petitioners.
The representation was received by the Circle Officer, Dhekiajuli Revenue Circle, Sonitpur on December 3, 2021.
The Circle Officer had issued the eviction notice (under No. DRC-13/2017-18/2056) to the 244 families on November 15, 2021.
The Direction of the Court was issued by Justice Manash Ranjan Pathak on December 15, 2021
Mentionably, the Circle Officer, Dhekiajuli Revenue Circle, issued the eviction notices under No. DRC-13/2017-18/2056 dated November 15, 2021, to the petitioners directing them to vacate the government land (of various Dags of No. 1 Basasimalu Village, under Barchalla Mouza in the district of Darrang) which they had encroached and constructed house-Basti/doing cultivation over it.
The court notice added, "By the said notices dated November 15, 2021, the concerned Circle Officer also directed the petitioners to vacate the mentioned encroached land and to make it free from encroachment on or before December 15, 2021, with the intimation that failure on their part to comply with the same, action will be taken against them as per law.
"Being aggrieved with such impugned eviction notices dated November 15, 2021, issued by the Circle Officer of the Dhekiajuli Revenue Circle, the petitioners have preferred this writ petition.
"It is contended by the petitioners that earlier 81 persons as petitioners approached this Court in Civil Rule No. 867/1982 against such eviction notices issued under Rule 18 (2)(3) of the Assam Land & Revenue Regulation for their eviction from government land of No. 1 Basasimalu Village, Mouza: Barchalla, District: Darrang involved in the case.
"The petitioners praying amongst others for settlement of the mentioned government land with them which was under their possession in terms of the Communication No. RSS.96/71/25 dated November 29, 1978, issued by the State Government in the Revenue (Settlement Department), Settlement Branch regarding settlement of land to the persons who do not possess any land in their names.
"It is placed that by the judgment and order dated July 21, 1989, a Division Bench of this Court disposed of the Civil Rule No. 867/1982 with the observation that the petitioners of the Civil Rule shall not be evicted till the question of settlement of the land with them as per the policy decision referred in the mentioned judgment is decided by the appropriate authority, if they are in possession of the land involved in that case as on the date of the said judgment i.e., July 21, 1989.
"It is also stated by the petitioners that after the said judgment dated July 21, 1989, the respondents have settled the government land with some
of the petitioners
of mentioned Civil Rule No. 867/1982 under their possession and that the present petitioners are the descendants of those 81 petitioners involved in Civil Rule No. 867/1982.
"The petitioners stated that they have submitted representation before the Minister concerned of the Revenue & Disaster Management Department against the said eviction notices under No. DRC-13/2017-18/2056 dated November 15, 2021, and praying not to evict them from their place of occupation and for allotment of the mentioned land to them serving a copy of the same on the Circle Officer, Dhekiajuli Revenue Circle on December 3, 2021.
"On the next date fixed, the Deputy Commissioner, Sonitpur, Tezpur, the Additional Deputy Commissioner (Revenue), Sonitpur, Tezpur and the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli, Sonitpur shall apprise the Court the reasons for issuance of the impugned eviction notices dated November 15, 2021, to the petitioners issued by the Circle Officer.
The Court has listed a hearing of this matter on February 2, 2022.
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