Judgment · High Court

The petitioner by the present petition has challenged the order dated 4th Novemb er, 2010 passed by the learned Chairman, Assam Board of Revenue in Case No.113 R A(G)/2010, whereby and whereunder the appeal preferred by the petitioner challen ging the notice dated 5th November, 2010 issued by the Additional Deputy Commiss ioner, Goalpara under Section 18(2) of the Settlement Rules framed under the Ass am Land and Revenue Regulation was put to challenge. It is evident from the notice dated 5th October, 2010 issued by the Additional D eputy Commissioner, Goalpara that the land, which is under the possession of the petitioner, is the road side land and as such, is not available for settlement. That being the position, the petitioner cannot occupy such land. The learned Ch airman, Assam Board of Revenue, therefore, has not committed any illegality in p assing the impugned order dated 4th November, 2010 requiring interference in exe rcise of the jurisdiction under Article 226 of the Constitution of India. The writ petition is, therefore, dismissed. No costs.