WP(C) 3014/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY The 28 petitioners are aggrieved by individual eviction notices dated 18 .05.2010, issued by the Circle Officer, Dibrugarh, whereby the petitioners have been asked to vacate from the ’Khas’ land over the Brahamaputra river dyke, whic h is claimed to be under occupation of the petitioners, since last several years . Mr. G N Sahewalla, learned Sr. Counsel appearing for the petitioners con tends that the notices issued by the Circle Officer is without jurisdiction as i t is the Deputy Commissioner, who can issue such eviction notice under the provi sions of the Land Revenue Regulations. The learned counsel also refers to a decision dated 09.11.2005 in Civil Rule No.5204/1997 moved by some of the writ petitioners where this Court directe d that eviction of the encroachers should be resorted to, only after disposing o f the objection filed by the encroachers. Mr. P Roy, learned Additional Sr. Government Advocate submits that the i mpugned notices shows that eviction has been ordered to ensure the protection of the Dirbrugarh city from the Brahmaputra river. Mr. Roy further submits that as the encroachment over the dyke is endangering public safety, instead of keeping this matter pending, the Deputy Commissioner, Dibrugarh should be asked to take a decision on the claim made by the petitioners that they are not endangering t he safety of the dyke by their occupation. Considering the rival submissions, I am inclined to dispose of this case at motion stage with the following orders :- The Deputy Commissioner, Dibrugarh would examine the right if any of the petitioners, over the lands referred to in the eviction notices dated 18.05.201 0. Without deciding their right, the impugned notices dated 18.05.2010 shall not be enforced against the petitioners. An opportunity of hearing may also be affo rded to the petitioners by the Deputy Commissioner. However, it is made clear that public interest i.e. protection of Dibrug arh Town would naturally get precedence over any private right of an individual in the matter. Furnish a copy of this order to Mr. P Roy, learned Additional Sr. Govern ment Advocate for communication to the Deputy Commissioner. With the aforesaid directions this writ petition is disposed of.