WP(C) 4987/2010 BEFORE THE HON’BLE MR JUSTICE UB SAHA By this writ petition, the petitioners 181 in nos. prayed for quashing the evict ion notice dated 18.08.2010, 19.08.2010 and 21.08.2010 issued by the Circle Offi cer, Dibrugarh East Revenue Circle (Respondent No. 3 herein) as well as order da ted 26.08.2010 passed in case No. 89/RA (D/B)/10 and further for a direction to issue patta in favour of the petitioners in respect of the land under their peac eful possession. Heard Mr. J Ahmed, learned counsel for the petitioners as well as Mr. Soren, lea rned GA for the State who appears at this stage. When the matter is taken up for motion hearing, learned GA raised is voice, inte r alia, that the present writ petition is not maintainable on the ground that th e petitioners have alternative remedy and they can file an appropriate appeal be fore the appropriate authority. Mr. Ahmed, learned counsel for the petitioners fairly submits that the petitione rs have filed an appeal before the Hon’ble Minister, Revenue, Govt. of Assam for consideration of their prayer in the instant writ petition instead of preferrin g the same before the Commissioner-cum-Secretary, Revenue (Settlement), Governme nt of Assam. Therefore, the writ petition can be disposed of providing an opport unity to the present petitioners to prefer an appeal before the Commissioner-cum -Secretary, Revenue (Settlement) and till disposal of the appeal the petitioners may not be dispossessed from the land where, at present, they are in possession . As the learned counsel for the petitioners declined to make any submission on th e merit of the case, it would not be proper for this Court to take up the writ petition on merit. The writ petition is disposed of as withdrawn with a liberty to the petitioners to file the appropriate appeal before the Commissioner-cum-Secretary, Revenue (S ettlement), Government of Assam within seven days from today and the Commissione r-cum-Secretary, Revenue (Settlement), shall dispose of the appeal within a peri od of 15 days from the date of receipt of the same. Till disposal of the appeal, the possession of the petitioners over the land in question shall not be disturbed. It is made clear that if any appeal is not preferred by the petitioners within s even days from today, then the respondents are at liberty to take any action for dispossessing the petitioners from the land in question, in accordance with law .