WP(C) 3587/2009 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. Y Doloi, learned counsel for the petitioner and Ms. H. Phookan, learne d State Counsel for the official respondents. The challenge made in this writ petition is the order dated 3/8/09 passed by the Assam Revenue Board dismissing the appeal Case No.106RS(J)/09 filed by the pet itioner challenging the communication dated 1/7/09 passed by the Addl. Deputy Co mmissioner (Revenue), Jorhat, to Circle Officer, West Revenue Circle, Jorhat. The relevant portion of the said communication dated 1/7/09 is quoted herein bel ow: Sub-Enquiry Report on the petition dated 25.5.09 of Smti. Kamala Saikia, Advocate, Jorhat. Ref.: Your letter No.JWC dt. 9.6.09 No. JRS/106/03/136 With reference to the above, I am to draw your attention to the Government Lette r No.RSS 226/2006/17 dtd. 13/12/2006 and request you to submit encroachment prop osal on the roadside land without delay. The encroachers may be evicted with th e help of National Highway authority. The matter may be treated as urgent. Addl. Dy. Commissioner, Revenue, Jorhat Learned counsel for the petitioner submits that along with the petitioner there are some other persons also similarly occupying Government lands but only the pe titioner has been chosen and selected for eviction. I have considered the submission made by the petitioner and the averments made i n this petition. The impugned letter is an inter-departmental communication mad e by the Addl. D.C., Jorhat to Circle Officer. In the event any action is taken by the Circle Officer on the basis of the said communication and if any encroac hment case is registered, then, before eviction, the petitioner shall served wit h necessary notice and in that event the petitioner will be at liberty to approa ch the appropriate authority. With the above observation, this writ petition is disposed of. Since there is no eviction notice issued, till date, and the petitioner has not yet been evicted, the petitioner is allowed to continue his existing business by running the garage over the land in question, till notice u/R 18(2) is issued.