WP(C) 3637/2009 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. SP Roy, learned counsel for the petitioner and Ms. H. Phukan, learned Govt. Advocate appearing on behalf of the State respondents. The subject matter of challenge in this writ petition is the threatening encroac hment of the petitioner’s land in exercise of power under Rule 18(2) of the Sett lement Rules. It is submitted by Mr. Roy that an encroachment case being Encroachment Case No. 19/2009 initiated against the petitioner along with two other persons. The only grievance of the petitioner is that the petitioner can be evicted only after iss uing notice under Rule 18(2) of the Settlement Rules. Rule 18(2) of the Settlement Rules is quoted herein below: (2) When such person has entered into possession of Government khas land, or wa ste land or estate over which no person has acquired the right to a proprietor, land holder or settlement holder or any land that has previously been reserved r eads or roadside land or for the grazing of village cattle or for other public p urposes, or has entered into possession of land from which he has been excluded by general or special orders and when further, there is no bonafide claim of rig ht involved he may be ejected or ordered to vacate the land forthwith and the De puty Commissioner may sell, confiscate or destroy any crop raised, or any buildi ng or other construction erected without authority on the land After haring learned counsel for the petitioner as well as the learned State Cou nsel, this writ petition is disposed of with a direction that in the event if th e authority take any steps to clear the encroachment area in question, they can do so only in compliance of the provision of Rule 18(2) of the Settlement Rules. This disposes of this writ petition.