WP(C) 3013/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioner challenging the communication dated 18.05.2010 (Annexure- VII) of the Circle Officer, Dibrugarh, whereby the petitioner has been directed to vacate the land measuring 20 ·12 over the Brahamputra dyke, which is alleged to be encroached upon by the petitioner. Mr. Sahewalla, learned Sr. Couns el contends that the said eviction notice of the Circle Officer is without juris diction inasmuch as only a Deputy Commissioner can issue eviction notice under t he provisions of the Land Revenue Regulations. He also submits that on a previou s eviction move, the Deputy Commissioner, Dibrugarh was asked to determine the r ight of the petitioner over the land in question. Mr. P Roy, learned Additional Sr. Government Advocate submits that the i mpugned notice shows that eviction has been ordered to ensure the protection of the Dirbrugarh city from the Brahamputra 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 petitioner that he is not an encroacher of G overnment land but is occupying Patta land. Mr. Sahewalla contends that if the petitioner’s Patta land is needed for public purpose, the land is to be acquired for the public purpose. 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 th e petitioner, over the land referred to in the eviction notice dated 18.05.2010. Without deciding such right, the impugned notice dated 18.05.2010 shall not be enforced against the petitioner. An opportunity of hearing may also be afforded to the petitioner by the Deputy Commissioner. If the land in occupation of the petitioner is found to be his Patta lan d and if such land is needed for public purpose, steps must be taken for ensurin g compensation payment to the land owner. 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, Dibrugarh. With the aforesaid directions this writ petition is disposed of.