WP(C) 3527/2008 BEFORE HON’BLE JUSTICE I A ANSARI Heard Mr. A.M. Mazumdar, learned Senior counsel, appearing on behalf of the peti titoners, and Mr. P. Roy, learned Senior Government Advocate, appearing on behal f of respondent Nos. 1, 2, 3 and 4. Upon hearing the learned counsels for the parties and upon perusal of the materi als on record, I am, as agreed to by the learned counsels for the parties, incli ned to dispose of this writ petition, at the admission stage itself, with the fo llowing observations and directions: The petitioners’ grievances are, in brief, thus: The petitioners are owners of a plot of land, measuring about 50 Bighas, which is being used for the purpo se of holding market in the name style of the New Takimari Hat and that the sa id hat falls within the revenue village of Khopati part-II(Tak imari) under the South Salmara Revenue Circle in the District of Dhubri. The re spondents/authorities concerned had been leasing out the said land as New Takim ari Hat since the year 2000 without having acquired the land, in question, and/ or without paying any compensation therefor. As repeated representations, made against such use of their land by the respondents/authorities concerned, yielded no fruitful result, the petitioners instituted Title Suit No. 5 74/2006 in the Court of Munsif No. 3, Dhubri. By judgement and order, dated 21. 08.07, the suit was decreed in favour of the petitioners declaring the petitione rs’ right, title and interest over the said land with perpetual injunction havin g been granted in favour of the petitioners directing the respondents/authoritie s concerned not to use the said land for the purpose aforesaid without notificat ion having been published for requisition or acquisition and/or without arrangem ent for payment of compensation to the petitioners. By a Notice, dated 24.06.08 , issued in the Title Execution Case No. 08/08, which arose out of decree grante d in the Title Suit No. 574/2006 aforementioned, the respondents, particularly, respondent No. 3, namely, Deputy Commissioner, Dhubri, and respondent No. 5, nam ely, the President, Hazirhat Gaon Panchayat, Dist. Dhubri, were directed not to lease out the said hat. Despite such a notice having been issued, the responden t No. 4, namely, the Chief Executive Officer, Dhubri Zilla Parishad, has settled , by order, dated 02.07.08, the hat, in question, in favour of respondent No. 7, for a period of five years. The petitioners contend that the settlement of the said hat is not only against the decree aforementioned, but also in violation o f the relevant provisions of law inasmuch the settlement of the lease could not have been made for a period longer than one year. Considering the matter in its entirety and in the interest of justice, it is her eby directed that the respondents, particularly, respondent No. 2, namely, Direc tor, Panchayat and Rural Development, Assam, shall consider and examine the grie vances of the petitioners in accordance with law and, upon such consideration an d examination, as directed hereinbefore, the respondents, particularly, responde nt No. 2, shall pass appropriate order(s). If the petitioners feel aggrieved by the decision(s), which may be taken by the respondents/authorities concerned, o r, by the order(s), which may be passed by the respondents/authorities concerned , the petitioners shall remain at liberty to take recourse to such provisions of law as may be permissible. Appropriate decision in the matter, as directed her einbefore, shall be taken by the respondents/authorities concerned, particularly , respondent No. 2, namely, Director, Panchayat and Rural Development, Assam, wi thin a period of one month from the date of receipt of a copy of this order by t he respondent No. 2. The petitioners may furnish to the respondent No. 2 a cert ified copy of this order along with a copy of the writ petition and annexure(s) thereto. Furnish also a copy of this order to the learned Government Advocate so that the same may be communicated to the respondents/authorities concerned for complianc e.