WP(C) 5176/2006 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr PK Roychoudhury, learned counsel for the petitioners and Mrs HM Phukan, learned state counsel appearing for the respondents. The petitioners, by the present petition, are praying for a direction to the respondent authorities to settle the land measuring 6-bighas 2-kathas 10-le chas, dag no.751, Baharihat village, Chenga mouza in the district of Barpeta whi ch, they claimed to be under their possession ~ and also challenging their threa tened eviction there from contending that they, along with other members of the Chandi Bazar Khudra Bebasaee Samittee, are in possession of the said land for a long period of time and that though they applied for settlement nothing has been done by the respondent authorities till date. Deputy Commissioner, Barpeta, in the affidavit-in-opposition, has conten ded that the said land has not been allotted to the petitioners and that they ha ve not made any construction over there, as alleged. It has also been stated tha t the said land was allotted in favour of Chandi Bazar, Bahari. Since the petitioners are claiming to be in possession of the land in qu esetion, they cannot be evicted there from without issuing the notice under Rule 18 of the Settlement Rules framed under the Assam Land & Revenue Regulation 189 4. However, it appears from the MC no.3924/2010 that such notices had been issue d by the SDO, Barpeta, on 16.10.2010. Since the petitioners are claiming their possession for a long period of time, this writ petition is disposed of giving liberty to them to submit a repr esentation before the SDO(C), Barpeta, ~ within ten days from today ~ and in th e event of filing such a representation the said authority shall dispose of the proceeding within one month thereafter by a speaking order. Needless to say, if the land is not available for settlement and not allotted to the petitioner sami tee, necessary action for their eviction shall be taken. For the aforesaid period of six weeks, status quo as regards the possess ion of the land as on today shall be maintained. The writ petition is accordingly disposed of. No costs.