WP(C) 3064/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr J Ahmed, learned counsel for the petitioner as well as Mr J Han dique, learned state counsel appearing for the respondents. The petitioner, who is admittedly occupying a govt. land measuring 12-Bi gha 3-Katha 7-Lecha covered by dag nos.487, 500, 501 in village Ghoramorajanpam, Mayang mouza in Kamrup(Metro) district, by the present petition has challenged the notice issued under Rule 18 of Settlement Rules, framed under Assam Land and Revenue Regulation, 1886, contending, inter alia, that he is occupying the said land for long period of time by setting up a brick kiln industry with due permi ssion from the authority and as such, he cannot be termed as an illegal encroach er within the meaning of the aforesaid rules. It has also been submitted that an application was filed by him on 23.6.2011 before the Commissioner and Secretary , Revenue(Settlement) Department, Government of Assam, for allotment/settlement of the said land, which application is still pending for consideration. Learned state counsel submits that admittedly the petitioner is occupyin g a government land without any authority having been given in that regard and h ence he is evictable by taking recourse to Rule 18 of the aforesaid rules. It is not in dispute that the petitioner is occupying the aforesaid gove rnment land by setting up a brick kiln industry. The petitioner could not also p roduce any order passed by any of competent authority authorizing him to occupy the government land. That being the position, no interference into the eviction proceeding so initiated by the Additional Deputy Commissioner, Kamrup(Metro), by registering Encroachment Case no.69/2010, is required. The writ petition is, therefore, dism issed. However, it would not preclude the respondent authorities to consider the application filed by the petitioner for allotment/settlement of the aforesaid l and in accordance with the provisions in the Assam Land and Revenue Regulation, 1886, as well as the land policy of the Government of Assam. The writ petition is accordingly dismissed with the above observation. N o costs.