WP(C) 1764/2010 BEFORE THE HON’BLE MR JUSTICE H. BARUAH. Petitioner herein seeks for a direction to the respondent authorities to release an amount of Rs. 93,157.00 being the balance of the compensation amounting to R s. 33,52,833.00 computed by the District Collector, Cachar on the lands of the p etitioner and others acquired under the provision of Land Acquisition Act for co nstruction of IBB road in the year 2003. It is the case of the petitioner that R s. 32,59,676.00 has already been approved by the Government and released in favo ur of the land owners, whose lands were acquired, out of total compensation of Rs. 33,52,833.00. The balance amount as indicated above is still to be released in favour of the land owners. Further case of the petitioner is that on account of non release of the balance amount as indicated herein before the petitioners and others submitted several representations before the Collector for release of the balance amount but nothing fruitful has come out till date. The petitioner, therefore, being deprived of the balance compensation computed b y the District Collector has approached this court by filing this instant writ p etition seeking a direction to the respondent authorities to release the balance amount in favour of the District Collector, Cachar to facilitate him to disburs e the same among the land owners including the petitioner. I have heard Mr. S.C. Biswas, learned counsel for the petitioner as well as Mr. S. Saikia, learned standing counsel, PWD. Also heard Mr. R. K. Adhikari, learned Govt. Advocate for the State respondents. The State respondents in their counter affidavit have admitted the grant of comp ensation to the tune of Rs. 33,52,833.00 and also of release of the amount of Rs . 32,59,676.00 for disbursement of the same among the land owners including the petitioner. There is no averment in the counter affidavit in regard to non relea se of balance amount of Rs. 93,157.00. Mr. Biswas, learned counsel in view of co mputation of the compensation to the tune of Rs. 33,52,833.00 and release of Rs. 32,59,676.00 submits that there can be no reason on the part of the State resp ondents for not releasing the balance amount as indicated above. Mr. Biswas, the refore, urges this court to issue a direction to the respondent authorities to r elease the aforesaid amount in favour of the land owners including the petitione r. Counter affidavit so filed by the respondent is also silent in respect of the cause(s) for not releasing the balance amount. Mr. S. Saikia, learned standing counsel, PWD while submitting before this court states that the Revenue Department has only given approval for release of Rs. 32 ,59,676.00 despite computation of compensation to the tune of Rs. 33,52,833.00 T herefore, in view of the above, there can be no balance so to be paid to the lan d owners including the petitioner. This submission is advanced by Mr. Saikia wit hout filing any affidavit whatsoever. Therefore, his submission would not preclu de this court to take a decision on the basis of the facts and circumstances app earing in the face of the writ petition and the counter affidavit filed by the S tate respondents. This court, therefore, finds no ground to accept his argument. As the counter affidavit filed by the State respondents is silent about the caus e(s)for not releasing the balance amount as indicated above, this court finds no impediment to issue a direction to the respondent authorities to release the ba lance amount in favour of the land owners including the writ petitioner if they are entitled. Before releasing the amount the land owners including the petitio ner’s claim will be verified and if found sustainable rather entitled, the amoun t shall be released. With the direction above, this petition stands disposed of.