WP(C) 4119/2009 BEFORE HON’BLE MR. JUSTICE H.N.SARMA Heard Mr. P.P. Das, learned counsel for the petitioner and Mrs. V. L. Si nha, the learned Addl. Government Advocate for the State of Assam. The subject matter of challenge in this petition is a notice dated 5-9-0 9 issued by the respondent No. 3, the Executive Engineer, Public Health Enginee ring, Guwahati Division No. II. In the aforesaid notice it is stated that the plot of land at Narakashur hill to p adjacent to PHE W/S/S complex, Indrapur, is encroached by the petitioner which is a Government Land under Guwahati Medical College & Hospital authority and the same plot of land has been allotted to PHED for construction of reservoir by G.M.C. authority to implement a Water Supply Scheme under Central Govt. It is f urther stated that the construction will be started very soon and therefore he w as asked to vacate the land. Mr. Das, learned counsel submits that the respondent no. 3 is not empowered unde r the law to issue such notice under Rule 18 of the Settlement Rules framed unde r the Assam Land and Revenue Regulation. It may be noted herein that the aforesa id notice is not a notice under Rule 18 of the Settlement Rules and is a mere in formation given by the respondent No. 3. If the authority desires to evict the petitioner, in that event provisions of Ru le 18 of the Settlement Rules is to be complied with and such notice is to be is sued by the appropriate authority having jurisdiction to issue notice under Rule 18. With the above directions and observations, this writ petition stands disposed o f.