WP(C)/5823/2009 of JAPAN HAJORIKA and ANR. Vs THE STATE OF ASSAM AND ORS on 23 December 2009

WP(C) 5823/2009

BEFORE HON’BLE MR JUSTICE H N SARMA

Heard Mr MU Mondal, learned counsel for the petitioner and Mr R Sarma, learned SC for Health Department.

The grievance of the petitioners is that they are residing in the departmental quarters allotted by the CM&HO, Nagaon since February 2001. The Deputy Commissioner, Nagaon, has issued a notice to the petitioners under Rule 18(2) of the Assam Land Revenue Regulations asking them to vacate the government land occupied by them.

It is contended by the learned counsel for the petitioner that in the name of vacating the government land, the petitioners are threatened to evict fromthe government quarters, itself. The provisions of Rule 18 do not permit the Deputy Commissioner to evict a person from the government quarter and the said rule is applicable in case of government land occupied by unauthorized person.

In that view of the matter, the petitioners shall not be evicted from the government quarter. It is needless to say if the petitioners are in occupationof any government land they would be evicted as per provisions of Rule 18 n dueprocess of law.

The writ petition stands disposed of.