WP(C) 288/2010 BEFORE THE HON’BLE MR JUSTICE BP KATAKEY Heard Mr. Sarma, learned counsel for the petitioner as well as Mr. Handique, lea rned State counsel appearing for the respondents. The petitioner has challenged the legality and validity of the notice dated 16.1 1.2009 issued by the Circle Officer, Subansiri Revenue Circle in the district of Lakhimpur under Rule 18(2) of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886. The contention of the petitioner is that the land measuring 2 bighas 10 lechas under Dag No. 89 in village Bilmukh, under Gohain m ouza is in his occupation for the last more than 60 years, with the knowledge of the respondent authorities and he has paid the land revenue and as such he cann ot be evicted from the land in question. It appears from the notice dated 16.11.2009 that the petitioner is sought to be evicted from the land measuring 3 bighas out of 10 bighas 2 kathas of village Bi lmukh Kathalguri under Gohain mouza which is reserved for Bilmukh ME school and Bilmukh Kathalguri Public Cremation ground, which land is under encroachment by the petitioner. The respondent authorities have sought to free the said reserved land from encro achment by issuing the said notice dated 16.11.2009 under Rule 18 (2) of the Set tlement Rules framed under Assam Land and Revenue Regulation, which empowers the authority to evict the encroachers from the reserved land. The Circle officer i n the case in hand has in fact issued the notice dated 16.11.2009 asking the pet itioner to vacate the said reserved land. Though the petitioner claims to have filed application for allotment/settlement of the land in his possession, no settlement of the said land however has been g ranted to the petitioner, as admittedly the said land is already reserved for M. E. school as well as the cremation ground. The petitioner is found to be in ille gal possession of Govt. land, which cannot create any right on the petitioner to claim lawful possession as well as settlement on the ground that he is possessi ng the same for 60 years. That being the position I do not find any merit in the present writ petition. It is, however, open to the petitioner to approach the authority for settlement of any other land provided he satisfies the condition for such settlement and in case such application is filed the same shall definitely be considered by the a uthority in accordance with law and as per the land policy of the Govt. of Assam . The writ petition accordingly stands dismissed. No cost.