WP(C) 2686/2007 BEFORE HON’BLR MR JUSTICE AMITAVA ROY Heard Ms D. Sinha, learned counsel for the petitioner. Also heard Mr Roy, learne d State counsel for the official respondents. For the order which I propose to pass, I do not consider it necessary to issue n otices to the private respondents. The petitioner’s averment is that his father Bichitra Das (since deceased) w as allotted a plot of land measuring 23 bighas 11 kathas of land covered by Da g Nos 283, 284, 285, 286,287 of Gharamura Forest village by the Divisional Fore st Officer, Cachar Division, Silchar vide letter dated 20.4.1974. The petitioner as the heir and legal representative of the said allottee has been in possessio n of allotted land since long. The petitioner has alleged that the respondent Nos 6 to 8 in collusion have been trying to encroach upon the said land and dis possess him therefrom. The petitioner asserts that he has been paying the land revenue for the land in his occupation. In support of the above, the petitioner has annexed the office letter dated 20.4.74 and the certificate dated 26.10.197 6 issued by the sub Beat Officer, Gharmura Sub Beat,Gharamura and the report d ated 8.6.2003 of the Draughtsmas (Civil) cum surveyor,DFO, , Hailakandi conf irming that the above land had been allotted to the petitioner’s father and th at he on his(father) death is occupying the same as his heir and legal represen tative. The learned counsel for the petitioner has urged that in the a bove factual premise an appropriate direction ought to be issued to the respon dents to ensure that his(petitioner) possession is not disturbed by the respond ent Nos 6 to 8 and that they be prevented from resorting to any unwarranted ille gal activities as mentioned. Mr Roy submits in reply that as the petitioner has no right to occupy the land w hich is admittedly of the Forest department, no such direction is called for. The sworn statements made in the petition along with the documents annexed there to prima facie indicate that the land in occupation of the petitioner is one allotted to his father by the Forest department on 20.4.1974. It is ,however, no t clear as to whether the allotment subsists as on date or not. The certificate dated 26.10.1976 reinforces the petitioner’s version of payment of revenue for the land in his occupation apart from the report dated 8.6.2003 confirming the petitioner’s entitlement to posses the allotted land . In the above view of the matter, this petition stands closed with a direction to the Respondent Nos 1 to 5 and more particularly, the Chief Conservator of Fores ts, Assam, Guwahati to cause necessary steps to be taken to enquire into the al legations made by the petitioner pertaining to threats by the respondent Nos 6 to 8 to disposses him forcibly from the land in his occupation and take an appropriate decision in this regard. In doing so, the said authority would also ascertain as to whether the petition er as on date is in occupation of the aforementioned land as claimed by him in terms of the allotment made in his favour .If the enquiry reveals a prima facie right of the petitioner to occupy the land in question, the said authority woul d ensure that his possession thereof is not disturbed except in accordance with the procedure prescribed by law. The petition stands closed in the above terms. No costs.