Writ Petition challenging an encroachment notice was disposed of as appealable, directing the petitioner to file an appeal before the appellate authority.
Petitioner directed to file an appeal before the appellate authority.
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W.P.(C) NO.19627 OF 2015
10.11.2015 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
2. This Writ Petition has been filed by the petitioner challenging the notice dated 29.10
.2015 issued by the Tahasildar, Gania in Encroachment Case No.10 of 2009 directing the petitio
ner to vacate the land appertaining to Plot No.428 under Khata No.2020 measuring an area of Ac
.0.01 decimal of Mouza Gania within a period of seven days failing which necessary action sha
ll be taken against him.
3. On instruction learned Addl. Government Advocate submitted that in Encroachment Case N
o.10 of 2009 a notice under Form No.KHA was issued to the petitioner in the year 2009 for evic
tion of unauthorized occupants and he has received the same.
4 Since the impugned order is appealable, this Court is not inclined to entertain this W
rit Petition at this stage in exercise of the jurisdiction under Article 227 of the Constituti
on of India. However, it is open to the petitioner to file an appeal before the appellate auth
ority, if so advised.
Accordingly, this Writ Petition along with Misc. Case is disposed of.
2
1 provisions across 1 enactments
Petitioner
State of Assam
As recorded by the court registry
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