MC 1657/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Bhattacharjee, learned counsel for the applicant as well as Mr . R. Goswami, learned counsel appearing for the writ petitioner and Mr. Rahman, learned State counsel appearing for the State respondents. The applicant by the present application is praying for modification of the interim direction contained in the order dated 04.02.2009 passed in WP(C) No .404/2009, whereby and whereunder the respondents were directed not to disburse any compensation amount without obtaining the leave of this Court. The present applicant was initially not a party respondent in the writ p roceeding, who however, has subsequently been impleaded as respondent No.10, on the basis of the application filed by her. The case of the applicant in the pres ent application is that a plot of land measuring 2 bighas 2 kathas 18 lechas cov ered by Dag No.121 of kheraj periodic patta No.263 of village Barkhat under Mouz a-Panbari in the district of Kamrup was acquired for a public purpose, apart fro m other land, by registering L.A. Case No.15/2006 and though possession of the l and has been taken over, but she has not been paid any amount despite deposit of the estimated amount with the Collector. The applicant, therefore, prays for a direction to the respondent authorities to release her share of compensation. The learned State counsel appearing for the State respondents has submit ted that the Collector will verify the claim of the applicant and if her land ha s been acquired in the aforesaid acquisition proceeding and she is entitled to r eceive any compensation, her estimated share of compensation if deposited would be released. Mr. Goswami, learned counsel appearing for the writ petitioner has submi tted that despite various communications issued to the petitioner since they hav e not contacted him, notice has already been issued expressing his intention to withdraw from the case, which notice has also not been replied by the petitioner . It appears from the averments made in WP(C) No.404/2009 that the petitio ner in the said writ petition has challenged the transfer of Schedule-X land in favour of a non-tribal. In that view of the matter, the interim order dated 04.0 2.2009 was passed directing the respondent authorities not to disburse the compe nsation to anyone without the leave of the Court. In the present application the applicant claims to be tribal and contended that her land measuring 2 bighas 2 kathas 18 lechas has been acquired. That being the position, the present application is disposed of directin g the Collector to verify the claim of the applicant that she belongs to tribal community and if she is found to be entitled to any compensation, her share of e stimated compensation, claims to be deposited, shall be released. Interim order dated 04.02.2009 is accordingly modified to the extent as indicated above. Misc. case stands allowed.