Rule 18(2) of the Settlement Rules is a summary remedy that can be resorted to only in respect of the lands specified in the rule. A person can be evicted under Rule 18(2) from the specific lands enumerated therein and not from any and every land belonging to the Govt. and/or any other authority.

The expressions "Rule of law" connote the undis­puted supremacy of law, envisages a state of thing in which everyone respects the law and where law has to be followed by everyone collectively and individually. This supremacy of law over all is designed to give security to the rights of the indi­viduals or the citizens of a democratic State. One of the facets of the 'Rule of law' is the subjection of the Govt. and the executive Officers of the State to the law.

2. Indeed, the petitioner is a poor person, who started a tea stall in the verandah of the office of the Superintendent of Police, Kamrup, to cater the needs of the Policemen, members of the Public and others. This he did openly, in broad day light and with permission from the authorities. Who dares to be in the police office, trespass upon a verandah and open a canteen where police force was standing by All enjoyed the services rendered by the petitioner so much so that in 1974 the than Superintendent of Police permitted the petitioner to use the verandah not as a permissive occupier but as "a tenant" on payment of rent of Rs. 30/- per month, which the petitioner paid and the receipts are before m. When improvements were necessary, the petitioner asked for the permission from the Super­intendent of Police, to improve the structures, put up corrugated iron sheets over the shed at his own case he was permitted to make the construction but had to pay an enhanced rent of Rs. 50/- per month. It turned out to be a case of landlord and tenant, the receipts and necessary documents of the arrangements are before us. Nay, not only that, the petitioner desired to ensure the stability of the stall by constructing 3 Reinforced Cement Concrete Pillars to protect the building from the revages of the Brahmaputra, which runs close by. He was permitted to construct the pillars for which he invested a sum of Rs. 12,000/-. To make it self-contained the petitioner desired to have water connections from the Municipality Main, paid all costs and constructed a reservoir for storage of water. All those officials in and around the police office were wide awake, saw the constructions, received rents, allowed the petitioner to run the stall. Several institutions, apart from the Office of the Superintendent of Police, Kamrup, were catered by the tea-stall including the Gauhati Municipal Corporation, the Gauhati Treasury, Office of the P. I. connected with the Courts affairs, Mahkuma Parishad and others. The parcel of land in occupation of the petitioner is precisely 1152 sq. ft. That the petitioner is in occupation of the area measuring 8 lechas is clearly found from the Govt. records produced before us. It also appears there from that the petitioner was in possession of the land for about 10 to 12 years. We also find that the petitioner was possessing the same by running a tea-stall. All these are there in the revenue records of the Government, produced before us.

3. One fine morning the petitioner was served with a notice that he was to quit the place, lock, stock and barrel, as it was desired by the S. D. O. Sadar, Gauhati that he should vacate the land. The notice was purported to be under Rule 18 (2) of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886. The contents of the notice read as follows:-

"It has been learnt from the report of the Sub-Deputy Collector that you have occupied Govt. land described in the Scheduled below without any permission. There­fore, it is hereby ordered that you are to vacate the land forthwith on receipt of this notice. Otherwise you will be forcibly evicted.

Schedule:

8 lessas of land of Gauhati town under Ulubari Mouza of Block No. 4 in Dag No. 2538.” [Emphasis added]

The petitioner alleges that it was served in the afternoon of 29.5.82 (Saturday), and, the demolition squad of the autho­rities took a quick silver action of destroying his structures on the next date (Sunday), and, forcibly ousted him from his tea stall. However,