WP(C) 4101/2009 BEFORE HON’BLE MR. JUSTICE H.N.SARMA Heard Mr. A. Dasgupta, learned counsel for the petitioners and Mrs. V.L. Sinha , learned Addl. Sr. Government Advocate for the State respondents. The father of the petitioner herein was the original owner of the plot of land m easuring 3 Bighas, 3 Kathas, 19 lechas covered by patta No. 21 and Dag No. 83/6 35 and another plot of land measuring 3 Bighas 2 kathas and 11 lechas covered by Patta No. 72 and Dag No. 82/634 situated at Bijni Revenue Circle. The father of the petitioner was also recorded in the revenue record and after his death the petitioners being the legal heirs inherited the said properties. Out of 3 bighas , 2, kathas, 11 lechas of land belonging to the father of the petitioners, 1 ka tha, 14 lechas covered by Patta No. 72 and Dag No. 82/634 was acquired by the N ational Highway Authority of India in the year 1968 for construction of National Highway and accordingly the petitioners are entitled to get compensation for su ch acquisition. It is further contended that 50 % of the compensation has alread y been paid to the petitioners in year 1968. While time was ripe for paying the remaining 50%, objection was raised on behalf of the respondent No. 7 to 11 unde r the leadership of respondent 7 who raised untenable claim over the acquired la nd. Upon calling by the Deputy Commissioner, the petitioners submitted their written objection as regards the claim of the respondent No. 7 to 11. The grievance of the petitioners is that the Deputy Commissioner, Bongaigaon, re spondent No. 5 has neither dispose of the matter nor fixed the matter for hearin g and the matter is still pending. The contention of the petitioners is that the Deputy Commissioner has passed order behind their back without giving any oppo rtunity of hearing to them. Hence this writ petition. Admittedly the claim of the respondent 7 to 11 and of the present petitioners is now pending for adjudication before the Deputy Commissioner, Bongaigaon, respon dent No. 5. Such adjudication would require certain factual assessment in consul tation with the revenue records and the Deputy Commissioner, Bongaigaon, respond ent No. 5, would be the best authority to decide the same. In view of the aforesaid limited prayer made in this writ petition and as agreed to by the learned counsel for the parties, this writ petition stands disposed o f with the direction that the Deputy Commissioner, Bongaigaon, respondent No. 5 shall dispose the claim of the respondent No. 7 to 11 claiming compensation on a ccount acquisition of the aforesaid land considering the claim of present peti tioners as agitated in their objection filed and by giving them the opportunity of personal hearing in the light of the claim made by the petitioners. Appropria te order would be passed by the Deputy Commissioner in connection with B.L. A-5/ 2003/Part IX and this shall be done as expeditiously as possible preferably wit hin the period of 2 months from the date of receipt of the certified copy of thi s order. It is needless to say that the disbursement of the remaining part of the 50% of the compensation would certainly be made only after adjudication of righ ts of the respective parties as referred to above, and without such adjudication , no such disbursement would be made. With the above directions and observations this writ petition stands disposed of .