WP(C) 8677/2003 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioners, by the present petition, have prayed for a direction to the res pondent authorities to pay them a sum of Rs.1,00,000/- (Rupees One Lakh) as dama ges for eviction from their patta land, in the guise of the notice dated 21st Au gust, 2003 issued by the Additional Deputy Commissioner, Kamrup, Guwahati under Rule 18(2) of the Settlement Rules framed under the Assam Land and Revenue Regul ation, 1886 (in short, 1886 Regulation ), for eviction in respect of 5 Lechas o f land covered by Dag No.27. None appears for the petitioners. I have heard Ms. M. Goswami, learned State counsel appearing for the respondents . The case as projected by the petitioners in the present writ petition is that th ey are the owners of the plot of land bearing Dag No.30 of Periodic Patta No.299 , Dag No.84 of Periodic Patta No.4 and Dag No.31 of an annual Patta, which was s ubsequently converted to Periodic Patta on 12th November, 1999. According to th e petitioners, the Additional Deputy Commissioner on 21st August, 2003 issued a notice under Rule 18(2) of the Settlement Rules framed under the 1886 Regulation asking them to vacate the land measuring 5 Lechas in Dag No.27, as the said lan d in the said Dag is the Government land. It is also the case of the petitioner s that though they were not in possession of any land in Dag No.27, the revenue staff on 1st October, 2003, in view of the aforesaid notice dated 21st August, 2 003, evicted them from part of the land belonging to them, i.e. in respect of Da g No.30 of Patta No.299 and Dag Nos.31 and 84 in Patta No.4, thereby causing pec uniary loss to them to the extent of Rs.1,00,000/-. No affidavit-in-opposition has been filed by any of the respondents. The petitioners in the present petition have not challenged the notice dated 21s t August, 2003 issued under Rule 18(2) of the Settlement Rules and they have onl y prayed for the compensation to the tune of Rs.1,00,000/- contending that in th e guise of such notice, they have in fact been evicted from the land belonging t o them and thereby causing pecuniary loss. The claim of the petitioners for com pensation cannot be decided in a writ proceeding as the allegation relating to t heir eviction from the Patta land and also the extent of damages, if any, caused to their properties are to be substantiated by adducing evidence in a proper Co urt having jurisdiction over the matter. Unless those facts are established, no compensation can be awarded. That being the position, the present petition is disposed of giving liberty to t he petitioners to approach the appropriate Civil Court having jurisdiction over the matter for redressal of their grievances, if any, and subject to the law of limitation. The writ petition is accordingly disposed of. No costs.