WP(C) 2006/2010 BEFORE THE HON’BLE MR JUSTICE BP KATAKEY The grievance of the petitioners in the present writ petition is that though they are occupying a plot of land in Dag No.57 of the Village Sidha ni under Baghbar Revenue Circle in the District of Barpetta, for a long period o f time, there is a move to evict them from the said land without taking recourse to the provisions of the Settlement Rules framed under the Assam Land and Reven ue Regulation, 1886. It is the case of the petitioners that the respondents No.1 -3 at the instance of the respondents No. 4-13 are trying to evict the petitione rs from the land under their possession without following the said procedure lai d down in law. The petitioners therefore pray for a direction to the respondent authorities, namely the respondents No.1-3, not to evict them from the land in q uestion without following due process of law. Such contentions of the petitioners, however, have been denied b y the respondents No.4-13 by filing their affidavit-in-opposition. According to the respondents, the petitioners are not in possession of the land and in fact t he annual patta has been issued in their favour in respect of the said land. No affidavit-in-opposition has been filed by the respondents No. 1-3 though several opportunities were given to the said respondents. The learned counsel appearing for the petitioners have submitted that since they are possessing the Govt. land for a long period of time and the y being the landless persons are entitled to settlement of the land as has been granted to some other similar situated persons. It is also contended that in any case the petitioners cannot be evicted without issuing notice as required under Rule 18 of the Settlement Rules framed under the Assam Land and Revenue Regulat ion, 1886. The learned State counsel appearing for the respondents No.1-3 h as submitted that before evicting the petitioners from the land in question, if that is Govt. land, due procedure as contemplated in the Settlement Rules would be followed. The learned counsel appearing for the respondents No.4-13 has also submi tted that though the petitioners are claiming that they are in possession of the land, by taking advantage of the interim order passed by this Court, they are d isturbing the respondents in possessing the land in respect of which the annual patta was issued in their favour. It is also submitted that in respect of the la nd over which the petitioners are claiming possession, the annual patta has been issued in their favour. Be that as it may, the grievance of the petitioners in the prese nt writ petition is that, the respondents No.1-3 are making an attempt to evict them from the land, which is according to the petitioners is a Govt. land availa ble for settlement, without following due process of law meaning thereby without passing any order as required under Rule 18 of the Settlement Rules framed unde r the Assam Land and Revenue Regulation, 1886. That being the position, the writ petition is disposed of direct ing the Deputy Commissioner, Barpetta to verify the petitioner’s possession over any Govt. land and if the petitioners are found to be in possession of such lan d, the said authority shall take appropriate steps and action to evict them from the land by taking recourse to the provisions of Rule 18 of the Settlement Rule s framed under the Assam Land and Revenue Regulation Act, 1886. The writ petition is accordingly disposed of. No costs.