WP(C) 5920/2010 BEFORE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Sarma, learned counsel for the petitioners as well as Mr. Sore n, learned State counsel for the respondents. The petitioners, by the present petition, have challenged the notices da ted 27.9.2010 and 30.10.2010 issued by the Circle Officer, Naharkatia Revenue Ci rcle directing the petitioners to vacate the Govt. reserved land measuring 33 bi ghas 4 kathas 13 lechas covered by Dag No. 125, 163, 164 and 194 of village Dill i Tea Estate under Mouza Jeypore. According to the petitioners they are possessi ng the said land for more than 100 years by cultivating tea and planting tea bus hes. It is also the case of the petitioners that a representation was filed on 6 .11.2007 before the Deputy Commissioner, Dibrugarh praying for allowing them to retain the said land in exchange of other miadi patta land belonging to them, wh ich is still pending for consideration before the Deputy Commissioner. Though no affidavit has been filed by the respondents it is the contenti on of the learned State counsel that the petitioners are admittedly occupying th e Govt. reserved land without there being any order passed authorizing them to o ccupy the same and as such no illegality has been committed in issuing the notic e for eviction of the petitioners. It appears from the averments made in the writ petition that there is no t dispute that the land measuring 33 bighas 4 kathas 13 lechas covered by Dag No s. 125, 163, 164 and 194 which the petitioners are occupying is the Govt. reserv ed land. There is no order allowing them to occupy the said land. In the absence of any order passed, the petitioners cannot claim any right over the land belon ging to the Govt., which land admittedly is in possession of the petitioners. Rule 18(2) of the Settlement Rules framed under the Assam Land and Reven ue Regulation, 1886 authorises the Revenue authority to issue eviction notice fo r eviction of unautorised occupants from the Govt. reserved land which has been done in the instant case by the Circle Officer by issuing the notices dated 27.9 .2010 and 30.10.2010. Hence there is no illegality in issuing the said notice. That being the position there is no merit in the writ petition and accor dingly the same is dismissed. It would, however, not precluded the authority from considering the repr esentation of the petitioners filed on 6.11.2007 and in passing necessary order therein before evicting the parties.