WP(C) 6112/2011 BEFORE THE HON’BLE MR. JUSTICE A.K. GOSWAMI Heard Ms. A. Bujabaruah, learned counsel for the petitioner. Also heard Mr. R.K. Bora, learned State counsel appearing for the respondents. This application is filed with a prayer for a writ of Mandamus directing the res pondents, more particularly, respondent No.4, to evict the unauthorized occupant s from the petitioner’s land forthwith. The case of the petitioner as made out in the writ petition is that the petition er had filed an FIR before the Bijoynagar Police Out Post stating that the 4 per sons named in the said FIR, on 11/8/2011, at about 3 AM, along with some other s trangers had wrongfully entered into the premises of the petitioner and had brok en the shop room situated in the land described in the schedule to the ejahar. A s no action was taken, the petitioner had filed a second FIR on 25/9/2011 before the Bijoynagar Police Outpost but the police did not take any action. In paragr aph 6, the petitioner has stated that as a result of the inaction of the police, the accused persons have been occupying the land of the petitioner. The petit ioner had also filed a petition on 17/8/2011 before the Deputy Commissioner, Kam rup, Amingaon, with a prayer for issuing an order of eviction of unauthorized pe rsons from the premises of the petitioner. The learned counsel for the petitioner submits that the Additional District Magi strate, Kamrup, Amingaon drew up a proceeding under Section 144 Cr.P.C and passe d an order on 24/10/2011 restraining the second party from entering into the dis puted land and also directing the Circle Officer, Palasbari Revenue Circle to su bmit a report of compliance immediately. The learned counsel for the petitioner, with reference to paragraph 8 of the writ application, submits that as responde nt Nos.4 and 5 are not taking any steps to evict the unauthorized occupants, thi s writ petition has been filed praying for a direction directing respondent No. 4 to evict unauthorized occupants from the premises of the petitioner. It has be en submitted that the case being 364 m/11 under Section 144 Cr.P.C is now fixed on 16/12/2011. Mr. R.K. Bora, learned State counsel submits that the application is misconceive d and if the petitioner has got any grievance, he may agitate such grievances be fore the learned Additional District Magistrate in the pending 144 Cr.P.C procee ding. The persons who are alleged to be unauthorized occupants or against whom Section 144 Cr.P.C proceeding is pending have not been made parties to this proceeding. The submission of the learned counsel for the petitioner that on the strength o f the order dated 24/10/2011, passed by the Additional District Magistrate, Kamr up in case No. 364 m/11, the respondent No.4 ought to have evicted the unauthori zed occupants, is not tenable in law. No order of eviction has been passed by th e Additional District Magistrate. By the order dated 24/10/2011, the Circle Offi cer Palasbari Revenue Circle had been directed to submit a report regarding the present status of the disputed land. The application dated 17/8/2011 has not bee n made part of the record of this case. It would appear going by the statements made in this writ application that before the said application dated 17/8/2011 w as filed before the Deputy Commissioner, the land was already in occupation of o ther persons. On consideration of the materials on record and after hearing the learned counse l for the parties, I am of the considered opinion that no Mandamus directing the respondent No.4 to evict the so called unauthorized occupants from the petition er’s land can be issued in the fact and circumstances of the case and also havin g regard to the fact that such persons who are necessary parties have not been m ade parties to the proceeding. Accordingly, the writ petition is dismissed, No order as to costs.