WP(C) 8608/2003 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. A.B. Choudhury, the learned Sr. counsel for the petitioners an d Mr. Handique, the learned State counsel appearing for the respondent Nos.1, 5 and 6 as well as the learned standing counsel appearing for the respondent Board . The petitioners by the present petition have challenged the notices date d 30.08.2003 issued by the Estate Officer, ASEB, under Section 4(1) of the Assam Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (in short the 19 71 Act), whereby and whereunder the petitioners were asked to show-cause as to w hy an order of eviction should not be made, alleging that the petitioners are oc cupying the land belonging to the respondent Board. Section 4(1) of the 1971 Act empowers the Estate Officer to issue notice asking the unauthorized occupants of public premises to show-cause as to why th ey shall not be evicted from such public premises, specifying the grounds on whi ch the order of eviction is proposed to be made. The unauthorized occupants ther eafter are at liberty to show-cause why they should not be evicted from the land and the Estate Officer thereafter is required to pass an order under Section 5 of the said Act after giving such occupants an opportunity of being heard and al so allowing him to produce any evidence in support of such show-cause. The order that may be passed by the Estate Officer under Section 5 of the 1971 Act is app ealable under Section 9 of the said Act. In the instant case, the Estate Officer has issued a notice under Sectio n 4(1) of the 1971 Act asking the petitioners to show-cause as to why an order o f eviction should not be made. The petitioners are yet to file the show-cause re ply. The petitioners instead has approached this Court challenging such show-cau se notices and this Court on 01.10.2003 passed an interim order suspending the o peration of such notices dated 30.08.2003 and directing the respondent authoriti es not to evict the petitioners from the land without the leave of the Court. Su ch interim order is still continuing. Since only the notice under Section 4(1) of the 1971 Act asking the peti tioners to show-cause as to why the eviction order should not be made has been i ssued, the petitioners may within 2(two) weeks from today file the reply showing cause and in the event of filing such show-cause reply, the Estate Officer shal l pass necessary order as required under Section 5 of the said Act. If the petit ioners are still aggrieved by the order that may be passed by the authority unde r Section 5 of the Act, it is open to them to prefer appeal provided under Secti on 9 of the said Act. Till such order is passed by the Estate Officer under Sect ion 5 of the Act, the petitioners’ possession shall not be disturbed, if they ar e still in possession of the land in respect of which the notices were issued. The writ petition is accordingly disposed of. No cost.