WP(C) 1415/2009 BEFORE HON’BLE MR JUSTICE H.N. SARMA Heard Mr. SN Sarma, learned Sr. counsel for the petitioner and Mr. RK Bora, lear ned State counsel appearing for the respondents. The petitioner was issued a notice under Rule 18(3) of the Settlement Ru le by the SDO, Charaideu Sub-Division, Distrirct Sibsagar directing him to vaca te the area of land allegedly unauthorisedly occupied measuring 70 Bighas 2 le chas under Dag No. New 183 of Mouza Abhaypuri, Village Napuk Grant Gaon within 1 5 days from the date of receipt of the notice. The said order-cum- notice was ch allenged before the Assam Board of Revenue, Guwahati by filing an appeal under S ection 147 read with Section 151 of the Assam Land and Revenue Regulation, 1886 which was registered as Case No. 41 RA(S)/09 and the Assam Board of Revenue vide order dated 23.3.09 dismissed the appeal in limini. Challenging the said order passed by the Assam Board of Revenue, the present writ petition has been filed b y the petitioner. Mr. Sarma, learned Sr. counsel submits that the petitioner has right of appeal a nd such appeal ought not have been dismissed at the threshold without providing any opportunity of hearing to the petitioner and such vested right of appeal ca nnot be taken away lightly. However, it is seen that against the order passed by the SDO, the appellate forum is the Deputy Commissioner of the District as per provision of Section 147(b) of the Regulation. In that view of the matter appeal filed by the petitioner before the Assam Board of Revenue against the order pas sed by the SDO, Charaideo is not maintainable. However, it is open for the petitioner to approach the appropriate authority nam ely, the Deputy Commissioner, Sibsagar against the impugned order-cum-notice passed by the SDO in Encroachment Case No. 41/06-07, if so advised. With the aforesaid observation, this writ petition stands disposed of.