WP(C) 4598/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. H.R.A. Choudhury, learned Sr. counsel for the petitioner as we ll as Ms. R. Chokraborty, learned Addl. Sr. Govt. Advocate. This writ petition has been filed making a grievance against the order dated 03. 08.09 passed by the Assam Board of Revenue in Case No. 104 RA (KJ)/2009 refusing to admit the petition filed by the petitioners against the order dated 02.05.09 passed by the Deputy Commissioner, Karimganj (Annexure-5) and the eviction noti ces thereof. It appears that a Public Interest Litigation Petition was registered and numbere d as PIL No. 91/2007 was filed in this Court against the purported illegal encro achment on Govt. land by some unscrupulous persons. The PIL was disposed of on 1 3.05.2009 alongwith Misc. Cases No. 559/09 and 582/09 taking note of the aforesa id order dated 02.05.2009 passed by the Deputy Commissioner, Karimganj. For a re ady reference the order dated 13.05.2009 is quoted below: When the matters are taken up today it is brought to our notice that pursuant t o an order of this Court dated 09.03.09 the Deputy Commissioner, Karimganj passe d an order dated 02.05.09. The substance of the order is that the applicants in these Misc. cases are encroachers on the land in question without having any leg al right and therefore, held that they are liable to be evicted. We are also inf ormed that such an order is appellable order under the provisions of the Assam L and and Revenue Regulation. In the circumstances we do not see any reason to pass any further order in the instant Misc. case. In view of the order dated 02.05.09 we are of the opinion that nothing f urther survives in the PIL to be adjudicated. Accordingly the PIL as well as the Misc. Cases are closed. Goes without saying that the interim order passed in th e interregnum stands vacated. In view of the observations made in the said order dated 13.05.09 that the order of the Deputy Commissioner is appellable as per the provision of Assam Land and Revenue Regulation, the present two petitioners preferred the aforesaid appeal before the revenue Board. The Revenue Board by its impugned order dated 03.08.09 has disposed of the appeal with the following order : Heard the learned counsel. The learned Deputy Commissioner, Karimganj has submi tted his report. It is seen that as per the orders of the Hon’ble High Court the Deputy Commissioner was required to dispose the representation of the petitione rs. The Deputy Commissioner has examined their claims and found that the land in question was acquired in Land Acquisition cases of 1966-67 and 1981-82. Since t he lands have been acquired they are Govt. Lands. The appeal is hence not admitt ed. The stay stands vacated. Being aggrieved, the petitioners have filed the instant writ petition. This Cour t by order dated 06.11.2009 called for the records of the case No. 104 RA(KJ)/20 09 from the Assam Board of Revenue and the said records have been received. By y et another order dated 25.11.09, this Court noticing the fact that although the Board of Revenue disposed of the aforesaid appeal taking note that the land acqu isition cases of 1966-67 and 1981-82, but the same does not disclose the land ac quisition case numbers directed the learned State counsel to obtain instruction from the Deputy Commissioner, Karimganj. In terms of the aforesaid order, the Deputy Commissioner, Karimganj has filed an affidavit on 11.02.2010. In paragraph- 4 of the said affidavit, it has been sta ted thus: 4. That with regard to the statements made in paragraph-2 & 3 of the writ petit ion, the deponent begs to state that out of the land measuring an area of 0.18 a cres under Dag No. 41/72 (Old/New) classed as residence (1) under Khatian No. 12 (Old), Patta No. 547 of Mouza Farampasha Pt-I, Porgona, Dewadi, an area of 0.08 acres was acquired under L.A. Case No. 9/1966-67 and subsequent L.A. Case No. 3 7/1981-82 and accordingly land records has been corrected incorporating the acqu ired land in Dag No. 54 as Govt. Khas along with acquired land of other dags inv olved in the aforesaid L.A. cases. The back ground of the status of acquired lan d of the aforesaid L.A. cases and its subsequent stage of correction of land rec ords etc. have clearly been mentioned in order dated 02.05.2009 passed by the de ponent. The remaining portion of 0.10 acres of land of the aforesaid dag is foun d recorded in the name of Rabindra Kumar Das, S/o. Late Rosomoy Das of Station R oad, Karimganj and the petitioners might have purchased any portion of land out of 0.10 acres of land owned by Rabindra Kumar Das which is beyond the acquired l and involved in the aforesaid L.A. Cases. The land acquired in the aforesaid L.A . Cases cannot be sold and purchased in the subsequent period after finalizatio n of L.A. proceedings. From the above what is seen is that the land in question was acquired by the Go vt. in L.A. cases mentioned in the paragraph. I have perused the records of the Assam Board of Revenue. On perusal of the records, what has transpired is that p ursuant to the notices issued to the encroachers of the Govt. land including the petitioners, they had submitted their show cause replies. Thereafter the Deputy Commissioner passed the impugned order dated 02.05.09. In the order detailed di scussions have been as to the acquiring of the land in the year 1966-67 and 1981 -82. On perusal of the order, it appears that the particular Dag number which has bee n mentioned by the petitioners was included in the acquisition proceeding and th e notice thereof was issued to the petitioners. Even in respect of encroachment case, they were issued with notices. However, Mr. H.R.A. Choudhury, learned cou nsel for the petitioners submits that no notice was issued to the petitioner No. 2, but he was one of the appellants before the Assam Revenue Board since he is a joint Pattadar alongwith the petitioner No. 1. He is also one of the petitione rs in the instant writ petition. The Deputy Commissioner in his impugned order dated 02.05.09 has traced back the history of the entire land and as to how the same was acquired in the aforesaid Land Acquisition proceedings. From the materials on record, it appears that the particular Dag numbers mentioned by the petitioners were included in the Dag nu mbers mentioned in the notices and thereafter in consideration of the representa tions submitted by the encroachers, he passed the impugned order dated 02.05.09. Learned counsel for the petitioners submits that the learned Board of Revenue ou ght not have dismissed the appeal without discussing anything about the purporte d encroachment made by the petitioners upon the Govt. land. According to him, th e learned Board of Revenue ought to have discussed the materials on record. I am afraid, such submissions made by the learned counsel for the petitioners is not at all acceptable in view of the detailed order passed by the Deputy Commission er, Karimganj. If the land in question was acquired by the Govt. and it became a Govt. land, the purported purchase of the land by the petitioners in the year 1999 cannot give them any separate status. If they are in occupation of Govt. la nd, Govt. is entitled to evict them and other encroachers in accordance with la w which has been done in the instant case. For all the aforesaid reasons, I do not find any merit in the writ petition and accordingly it is dismissed.