WP(C) 3182/2009 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr PK Brahma, learned counsel for the petitioners; Mr D. D as, learned counsel for the BTC; as well as Mr P. Roy, learned state counsel, ap pearing for the respondent No. 1. The grievance of the petitioners in the present writ petition is that the Joint Secretary to the Bodoland Territorial Council, Kokrajhat by the communication dated 17.7.2009 has directed the Circle Officer, Sidli Revenue Cir cle, Sidli to carry out eviction of encroacher from VGR land, though such land w as allotted to the petitioners way back in the year 1999. According to the petit ioners, pursuant to such order of allotment, they are possessing the land by con structing their dwelling houses and residing thereon. The petitioners, therefore , have challenged the said communication dated 17.7.2009, having issued the same without taking into consideration the fact of issuance of the order of allotmen t in the year 1999 by the competent authority. Mr Das, learned counsel for the BTC, has produced a copy of the communication dated 27.7.2009 issued by the Joint Secretary to the Bodoland Terr itorial Council, Kokrajhar and submits that the proposed eviction proceeding has already been stayed on the basis of the representation filed by the petitioners and others informing that the land in question has been allotted in their favou r. Mr Das, further submits that no eviction proceeding shall be initiated agains t the petitioners until the enquiry as may be directed by this Court is complete d. It has also been submitted that in case any adverse finding is recorded in su ch enquiry, the petitioners shall be intimated and all reasonable opportunities shall also be given to them to submit their case in such enquiry. In view of the aforesaid submissions of the learned counsel for the BTC, the learned counsel for the petitioners submits that the writ petition may accordingly be disposed of. In view of the aforesaid position, the present writ petition is disposed of with a direction to the respondent No. 2 to make an enquiry relating to the claim of the petitioners and to pass necessary order thereafter, upon gi ving the petitioners all reasonable opportunities to submit their case. In case any adverse decision is taken by respondent No.2, the same shall immediately be intimated to the petitioners, who may seek appropriate legal remedy before the a ppropriate forum. Till completion of the enquiry, the petitioners shall not be e victed. The copy of the communication dated 27.7.2009 issued by the Join t Secretary to the Bodoland Territorial Council, Kokrajhar and produced by Mr Da s is kept on record. The writ petition accordingly stands disposed of. No costs.