MC 164/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. N.C. Das, learned Sr. counsel for the applicant as well as Mr. R. Goswami, learned counsel appearing for the writ petitioner and Mr. Rahman, l earned 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.15, on the basis of the application filed by him. The case of the applicant in the pres ent application is that a plot of land measuring 8 bighas 3 kathas covered by Da g No.31 of kheraj periodic patta No.1 of village Barkhat under Mouza-Panbari in the district of Kamrup was acquired for a public purpose, apart from other land, by registering L.A. Case No.8/2005 and though possession of the land has been t aken over, but he has not been paid any amount despite deposit of the estimated amount with the Collector. The applicant, therefore, prays for a direction to th e respondent authorities to release his 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 his land ha s been acquired in the aforesaid acquisition proceeding and she is entitled to r eceive any compensation, his 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 petition has challenged the transfer of Schedule-X land in favou r of a non-tribal. In that view of the matter, the interim order dated 04.02.200 9 was passed directing the respondent authorities not to disburse the compensati on to anyone without the leave of the Court. In the present application the appl icant claims to occupy the land even before constitution of tribal belt and as s uch entitled to possess the land in the tribal belt and his land measuring 8 big has 3 kathas has been acquired. That being the position, the present application is disposed of directin g the Collector to verify the claim of the applicant regarding his status and en titlement to occupy land in tribal belt and if the applicant is found to be enti tled to possess the land and also to any compensation, his share of estimated co mpensation claim as deposited shall be released. Interim order dated 04.02.2009 is accordingly modified to the extent as indicated above. Misc. case stands allowed.