WP(C) 422/2011 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr SC Biwas, learned counsel for petitioners and Mrs VL Singh, learned sta te counsel appearing for the respondents. Grievance of the petitioners in this petition is that though the land me asuring 46-bigha 18-katha 1-chatak covered by the various dags at Dayapur no.9 H anintal in Cachar district which had been under their possession and in respect of which allotment certificates had been issued on 27.5.1984 has been acquired u nder provisions of Land Acquisition Act 1894 for public purpose ~ for setting up a CIAT school by the central reserve police force(CRPF) ~ the compensation paya ble to them has not been paid as yet. It is also the contention of the petitione rs that they were the tenants under tea estate and the said land was converted t o a khas land following provisions contained in the Assam Fixation of Ceiling on Land Holding Act, 1956. In the affidavit-in-opposition filed by the respondent no.4, it has been stated that the land in question was a ceiling-surplus land and the petitioners being not recorded tenants the settlement was not given to them and as such the y are not entitled to any compensation except the ex gratia pursuant to the circ ular dated 12th August 1983. Learned counsel for the petitioners submits that since the petitioners h ave been occupying the land, they are persons interested and entitled to receive the compensation under provisions of Land Acquisition Act 189(LA Act). Learned state counsel, on the other hand, submitted that the land being ceiling surplus land and having not been allotted/settled in favour of the petit ioners, they ~ at the most ~ are entitled to ex gratia, and not compensation. The issue ~ as to whether the petitioners are persons interested within the meaning of LA Act and are entitled to any compensation under the provisions of the said Act ~ is to be decided by the Collector, initially, and if they are not satisfied with the decision of the Collector, it will be open to them to fil e appropriate applications seeking reference under the said Act. In view of the above, this writ petition is disposed of giving liberty t o the petitioners to approach the Collector seeking redressal of their grievance s and if any such approach is made before him, necessary order, in accordance wi th law, shall be passed by the Collector. The writ petition is accordingly disposed of. No costs.