WA 207/2009 BEFORE THE HONBLE MR JUSTICE RANJAN GOGOI THE HON’BLE MR JUSTICE B.K. SHARMA This appeal is directed against the judgment and order dated 11.06.09 pa ssed by the learned Single Judge of this Court in a proceeding registered and nu mbered as W.P.(C) No. 5578/2006. The said writ petition has been instituted by t he appellant herein essentially seeking protection of his rights in respect of t he land measuring 1 Bigha, 0 Katha and 0 Lecha covered by Dag No. 289 of No. 2 R angajan Village under Circle Morangi, Golaghat. Reading the pleadings made in th e writ petition and the prayers contained therein, it is clear and evident to us that what was prayed for in the writ petition is the protection of the petition er’s right in respect of 1 Bigha of land covered by Dag No. 289 of No. 2 Rangaja n Village under Circle Morangi, Golaghat. An issue with regard to certain other lands covered by Dag No. 69 of Kurukagaon under Marangi Mouza, Golaghat inciden tally came up before the learned Single Judge with reference to an eviction not ice dated 12.11.2002 in respect of the said land. We have noticed that the learn ed Single Judge has arrived at his conclusions in the case on the basis of a rep ort dated 14.06.05 of the Deputy Commissioner, Golaghat which was submitted purs uant to an order passed by the Revenue Board, Assam in an earlier proceeding in connection with the same matter. The report of the Deputy Commissioner dated 14. 06.2005 is to the following effect: 1. The land measuring 1B-3K-5L in Dag No. 69 of Kurukagaon under Marangi Revenu e Circle was allotted to the Secretary Golaghat Market Committee, Furkating and Advance possession was also given in view of urgency for construction of wholes ale vegetable market complex. 2. A land measuring 1B-0K-0L in dag No. 289 of No. Rongajan was allotted under MNP House site scheme alongwith financial assistance of Rs. 2500/- to Sri Tankeswar Kurmi which was not been utilized by Sri Kurmi for homestead purposes till date of visit. 3. The Dag No. 69 of Kuruka gaon and dag No. 289 of No. 2 Rongajan gaon both are adjacent dags. But Sri Kurmi never possessed the land under Dag No. 69 of Kuruka gaon but he retired to occupy the land by constructing a thatched hous e and plant banana plants on the plot when the land was allotted to Golaghat Mar keting Committee. 4. During the survey the local Gaonburah and local people and Sri Tankes war Kurmi were present. The survey was conducted in his presence. Sri Kurmi was given opportunity to present his case and all the documents available which him were also properly examined. The gaonburah, local people and some other old man also stated that there was an L.P. School (Kuruka gaon L.P. School) in Dag No. 6 9 of Kuruka gaon and that they were the students of the said school. From the above report of the Deputy Commissioner, it would clearly trans pire that the land measuring 1B covered by Dag No. 289 of No. 2 Rangajan Village under Circle Morangi has been allotted to the petitioner by the State Governmen t. Naturally by virtue of said allotment, the petitioner would have all right s over the said land, though from the Deputy Commissioner’s report it is clear that the said land had not been effectively utilised by the petitioner till the date of the submission of the report by the Deputy Commissioner on 14.06.2005. T he rest of the findings of the Deputy Commissioner pertains to the land covered by Dag No. 69 of Kurukagaon under Marangi Mouza. No relief in respect of the sai d land covered by Dag No. 69 of Kurukagaon has been sought by the petitioner in W.P.(C) No. 5578/2006. In the above view of the matter and in the light of the f indings recorded by the Deputy Commissioner in respect of 1 Bigha covered by Dag No. 289 which has been allotted to the petitioner, the controversy raised is ca pable of being resolved on the basis of the said report. In other words, the petitioner having sought for protection of his right s in respect of the land covered by Dag No. No. 289 of No. 2 Rangajan Village un der Circle Morangi and the Deputy Commissioner having found that the said land h ad been allotted to the petitioner, the petitioner must be recognised to have fu ll rights over the said land till such time that the allotment in his name subsi sts in law and further that the petitioner has no right in respect of the land D ag No. 69 of Kurukagaon under Marangi Mouza which has been allotted to the respo ndent No. 4. Consequently, we deem it appropriate to dispose of the appeal in the lig ht of the aforesaid conclusions. The appeal therefore stands disposed of in ter ms of the above. The order of the learned Single Judge dated 11.06.2009 stands m odified to the above extent.