WP(C) 4450/2007 BEFORE HON’BLE MR JUSTICE H.N.SARMA 27.8.2007 Heard Mr. D.C. Mahanta, learned senior counsel assisted by Ms. K . Devi, learned counsel for the petitioners and also Mr. Bora, learned Governme nt Advocate appearing for the respondents. Challenging the legality and validity of the impugned notices, a sking the petitioners to vacate certain areas of land under their occupation all eging the same to be within the tribal belt/ reserved/road side land and being o ccupied without any permission of the authority, the present petition has been f iled. Mr. Mahanta, submits that the provisions under which the impugne d notices have been stated to be issued under Section 165 of the Assam Land and Revenue Regulations read with Rule 18(1) 18(2) & 18 (3) of the Settlement Rules and as such it is contended that the authorities itself is not sure about the p resent status of the land. That apart the petitioners being in occupation of the land in question for the last 50 years they are atleast entitle to notices befo re taking such drastic action by the authorities in the purported exercise of po wer as referred to above. Mr. Bora, Government Advocate submits that at any rate the land is a go vernment land and the petitioners have not right to occupy the same. Without going into the merits of the case as contended by the le arned counsel for the parties, upon perusal of the materials available before m e including the averments made in this writ petition, I am of the considered opi nion, that issuance of the aforesaid notices ought to have been preceded with th e show cause notices, but that was not done. Accordingly, as agreed to by the learned counsel for the parties and in v iew of the nature of disputes as raised, this petition is disposed of at the mo tion stage itself with the direction that the petitioners, within a period of 3 weeks from today, shall file their respective replies in support of their defenc e highlighting their rights to occupy the land in question before the SDO (C), Margherita. On receipt of the same, the authorities shall take up the case of t he petitioner for necessary disposal and in view of the nature of disputes it wo uld be prudent for the authorities to allow the petitioners to give necessary he aring before passing any order against them. It is provided that till disposal of the said application, no furt her action in terms of the impugned notices be taken by the authorities. With the above direction this writ petition stands disposed of .