WP(C) 6444/2003 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY None appears for the petitioners. I have heard Mr J. Handique, learned s tate counsel appearing for the respondents. The petitioners by the present petition have prayed for a direction to t he respondent authorities not to evict them from the land measuring 11Bighas cov ered by dag no.1864(old) 1305(new) in Nagaon Town Kisam in Mouza Town, pursuant to the Notices (Annexure-IX series) issued in Eviction Case No.3 of 2002 by the Addl. Deputy Commissioner, Nagaon whereby and where-under they were asked to vac ate the land within three months from the date of receipt thereof. The case of the petitioners as reflected in the writ petition is that th ey were occupying the said land measuring 11Bighas covered by dag no.1864(old) 1 305(new) in Nagaon Town Kisam in Mouza Town for a long period of time by constru cting shops and doing business, which is their only source of income. According to the petitioners, pursuant to the applications filed for allotment/ settlement of the land, a proposal was initially mooted by the revenue authority for settl ement of 7Lechas of land out of the 11Lechas, which proposal having not been fin alized and there having been a move to evict them from the land, they approached the Court in Civil Rule No.2751/1991, wherein the order dated 10.5.91 was passe d directing the Secretary to the Revenue Department, Govt of Assam to dispose of the applications filed by the petitioners within a period of two months and to maintain status quo as regards the possession of the land till then. The further case of the petitioners is that the revenue department in the Govt of Assam the reafter had asked the district revenue authority to submit the relevant proposal s for allotment of the land, who, in turn, upon making an enquiry came to the fi nding that out of the 11Lechas of land 10Lechas could be allotted in favour of t he petitioners. It is also the case of the petitioners that despite such finding , no formal proposal is submitted to the Revenue Department and, on the other ha nd, the Addl. Deputy Commissioner issued notice of eviction by registering Evict ion Case No.3 of 2002, at the instance of respondent no.3 namely the superintend ent of police. The petitioners, therefore, have filed the present petition claim ing relief, as noticed above. No affidavit-in-opposition has been filed by any of the respondents thou gh the writ petition is pending since 2003. In the absence of any affidavit or r ecord, the correctness or otherwise of the averments made in the writ petition c ould not be ascertained. The petitioners claimed that the district revenue authority had found that out o f the 11Lechas of land, 10Lechas could be allotted in their favour. This fact co uld not be ascertained for non-filing of affidavit-in-opposition and non-product ion of the relevant records by the respondents. Without ascertaining such fact n o relief can be granted, and hence the present writ petition is disposed of with a direction to the respondent no.2 i.e. the Addl. Deputy Commissioner, Nagaon t o give the petitioners an opportunity of being heard so that they could project their respective cases before him for dropping the aforesaid eviction proceeding s initiated. Since the petitioners are not represented by learned counsel today, the Addl. Deputy Commissioner, on receipt of the order passed today, shall issu e notice to each of the petitioners asking them to appear before him for decidin g the aforesaid eviction proceeding. Within 2(two) weeks of receipt of such noti ce, the petitioners shall be at liberty to file representations and, if filed, t he Addl. Deputy Commissioner, Nagaon shall consider the same and pass necessary orders. The entire exercise is directed to be completed within a period of six m onths from the date of receipt of this order. A copy of this order be furnished to Mr J. Handique, learned state counsel for onward transmission to the Addl. Deputy Commissioner, Nagaon. Till the aforesaid proceeding is decided, the status quo as on today as regards the possession of the land in question shall be maintained by the parties. Writ petition is disposed of. No costs.