WP(C) 1379/2003 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY None appears for the petitioners. I have heard Mrs. Phukan, the learned State counsel appearing on behalf of the respondent Nos.1, 2 and 3, the learned standing counsel, Education Depart ment, appearing for the respondent No.6 and Mr. A.B. Choudhury, the learned Sr. counsel appearing for the respondent No.5. None appears for the respondent No.4. The petitioners, who are the students of Dhubri Govt. Boys’ Higher Secon dary School by the present petition has challenged the order dated 25.10.2002 is sued by the Deputy Secretary to the Govt. of Assam in Revenue (Settlement) Depar tment, allotting the land measuring 8 bighas 3 kathas 13 lechas covered by Dag N o.676 of Dhubri Town Khas Mahal in favour of the respondent No.5, namely, Gourip ur Regulated Market Committee, after reversion of the said land, which was initi ally settled with Dhubri Govt. Boys’ H.S. School. The subsequent tender notice p ublished in a local daily newspaper on 31.01.2003, issued by the Assam State Agr icultural Marketing Board, inviting tenders for construction of auction platform over the said plot of land has also been challenged. According to the petitioners, the land was initially allotted in favour of Dhubri Govt. Boys’ H.S. School on 07.12.2006 for utilizing the same as footba ll playground, which has been utilized for the purpose for which it was allotted and necessary payment of taxes to the Municipal Authority was also made. It has further been contended that the Addl. Deputy Commissioner even vide communicati on dated 25.10.1978 informed the Sub-Deputy Collector, Dhubri to demarcate the s chool premises including the football playground, as there was certain dispute r elating to the boundary. It is also the case of the petitioners that an amount o f Rs.15,000/- was also sanctioned by the Addl. Deputy Commissioner vide communic ation dated 21.06.1979 addressed to the School, as the playground was found to b e in a deplorable state by the Inspector of Schools in his report dated 22.11.19 78. The contention of the petitioners is that the students of the school are usi ng the said plot of land as playground i.e. utilizing the same for the purpose f or which it was allotted. The petitioners further contend that without giving an y notice and without giving any opportunity of being heard, the Deputy Secretary to the Govt. of Assam has passed the order reverting the land allotted to the S chool Authority for playground purpose, to it and allotting the same for constru ction of the market place by the respondent No.5. It is the contention of the pe titioners that since the land has been utilized for the purpose for which it had been allotted, the very basis for reversion is nonest and illegal. No affidavit-in-opposition has been filed by any of the respondents. The respondent No.5, however, has filed a miscellaneous case, which has been regist ered and numbered as Misc. Case No.614/2003 praying for vacating the interim ord er dated 11.03.2003 passed by this Court directing the parties to maintain statu s quo. The learned counsel appearing for the respondent No.5 prays that the said application may be treated as the affidavit-in-opposition in the main writ peti tion, which prayer is allowed. It is the contention of the respondent No.5 in the said application that the Government having found that the land measuring 8 bighas 3 kathas 13 lechas , which was earlier allotted in favour of the school, has not been utilized for the purpose for which it was allotted, the same was reverted to the Government a nd keeping in view the need of a market, the same was allotted to the Market Reg ulated Committee, the respondent No.5, for setting up of the market complex. The contention of the said respondent is, therefore, that no illegality has been co mmitted by the Government in reverting the land to it and allotment of the same in favour of the respondent No.5. The learned State counsel appearing for the State respondents also submi ts that since the land had not been utilized by the school authority for the pur pose for which it was allotted and as it appears from the communication dated 23 .08.2002 issued by the Deputy Commissioner, Dhubri to the Commissioner and Secre tary to the Govt. of Assam, Revenue (Settlement) Department that the land has be en encroached by various persons including the various department in the Governm ent of Assam, it is evident that the land had not been utilized for which it was allotted and as such the Government has rightly taken the decision of reversion and allotment of the same in favour of the respondent No.5. Though the writ petitioners in the present writ petition has made catego rical averments that the land had been utilized for the purpose for which it was allotted to the school authority i.e. to use the same as playground and necessa ry financial benefit was also extended, the State respondents have not come forw ard to controvert such statement either by filing the affidavit-in-opposition or by producing the relevant records. It is an admitted position of fact that the land measuring 8 bighas 3 ka thas 13 lechas covered by Dag No.676 of Dhubri Town Khas Mahal was initially all otted in the name of Dhubri Govt. Boys’ H.S. School and its name was recorded in the revenue records. Such allotment was made for the purpose of utilizing the s aid land as the playground, keeping in view the necessary of having a playground for the school for overall development of the students. It appears from the communication dated 23.08.2002 of the respondent No. 2 to the Commissioner and Secretary to the Govt. of Assam, Revenue (Settlement) Department [Annexure-A(1) to the Misc. Case No.614/2003] that according to the D eputy Commissioner since the land has been encroached upon by certain agencies i ncluding the various department in the Govt. of Assam, it indicates non-utilisat ion of the land by the school authority for which it was allotted. The Governmen t of Assam in Revenue Department on the basis of such communication has passed t he impugned order dated 25.10.2002 allotting the said land in favour of the resp ondent No.5 by reverting the same by taking back from the Dhubri Govt. Boys’ H.S . School. It is very surprising how the Deputy Commissioner, Dhubri can observe th at since part of the land has been encroached upon by certain agencies including a department of the Government, it can be held that the land has not been utili zed for the purpose for which it was allotted, more so, when the Addl. Deputy Co mmissioner in the year 1978 sanctioned certain amount for development of the pla yground. If the land allotted to the school authority for the purpose of playgro und had been encroached upon by the various agencies including a Govt. departmen t, it was the duty of the Deputy Commissioner to get such encroachment cleared, as the school in question is also a Government school. The Deputy Commissioner i nstead of doing so has recommended the cancellation of allotment and allotment o f the same in favour of the respondent No.5, thereby ignoring of the requirement of having a playground by the school authority for overall development of the s tudents. That apart the averments of the petitioners that before passing such ord er of reversion, no hearing was given to demonstrate that the land has been used for which it was allotted, has not been denied by the official respondents by f iling any affidavit. In view of the aforesaid discussion, the impugned order dated 25.10.2002 issued by the Deputy Secretary to the Govt. of Assam in Revenue (Settlement) De partment is set aside. The matter is remitted to the Commissioner and Secretary to the Government of Assam, Revenue (Settlement) Department to reconsider the sa me and pass necessary order after hearing all concerned. The Commissioner and Se cretary while passing such order shall bear in mind the requirement of having a playground by the school authority for overall development of the students. Such decision and order shall be passed within a period of 3(three) months from the date of receipt of the certified copy of the order passed today to be produced b y the respondent No.5 before the said authority. The writ petition is accordingly allowed to the extent as indicated abov e. No cost.