WP(C) 2636/2005 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr AM Mazumdar, learned senior counsel for the petitioner as well as Mrs VL Singh, learned state counsel appearing on behalf of respondent Nos.1 t o 4 & 7. None appears for the respondent Nos.5,6 & 8, today. The grievance of the petitioner in the present writ petition is that he has been deprived from the enjoyment of the land measuring 5B 2K 15L in dag No.1 4 of KP Patta No.79, which land stands in his name, without following the due pr ocess of law. According to the petitioner, such land has been utilized by the Pa nchayat authorities by constructing a children park without initiating any acqui sition proceeding. The petitioner therefore prays for a direction to the respond ents, either to return the land or to initiate the proceeding under the provisio ns of the Land Acquisition Act, 1894 and to pay compensation. Mrs VL Singh, learned state counsel on the basis of the written instruct ion dated 23.12.08 from the Deputy Commissioner, Kamrup Metropolitan District, Guwahati, a copy of which is placed on record, has submitted that out of 5B 2K 15L of land in Dag No.14 of KP Pata No.79, only 4B 2K 15L stands in the name of the petitioner as per the land records and the land measuring 2B 0K 12L of the s aid dag and patta has been utilized as Hatisila Children Park under SGRY Scheme in the year 2003 by the concerned Gaon Panchayat and Anchalik Panchayat jointly. It has further been submitted on the basis of the said written instruction that the Deputy Commissioner has taken up the matter with the Director of Panchayat & Rural Development for submitting the formal land acquisition proposal so that the land can be acquired under the law. The Deputy Commissioner, Kamrup Metropolitan District has admitted that the land measuring 2B 0K 12L belonging to the petitioner in dag No.14 of KP Patt a No.79 has been utilized for a public purpose namely for a children park under SGRY Scheme in the year 2003. The Deputy Commissioner has also taken up the matt er with the Director of Panchayat & Rural Development for acquiring the said lan d as per law. There being no denial of the fact that the said land belongs to th e petitioner, he cannot be deprived from the enjoyment of the land without follo wing the due process of law i.e. without initiating the proceeding for acquisiti on, which according to the Deputy Commissioner, is on. The contention of the pet itioner is that the authority has taken over the land measuring 2K 0K 12L, which is the frontal portion of the land measuring 4B 2K 15L in the aforesaid dag and patta, thereby making his entire plot of land measuring 5B 2K 15L without any i ngress and egress. In view of the above, I dispose of the present writ petition with a dire ction to the respondent authorities, namely the respondent Nos.1 & 2 to initiate the acquisition proceeding in respect of 2B 0K 12L of the land, as required und er the law and to complete the same within a period of six months from today. Th e authority while initiating such process shall also take into consideration as to whether they require the remaining land apart from the land measuring 2B 0K 1 2L in dag No.14 of KP Patta No.79 belonging to the petitioner and if so, to pass necessary orders in that respect. It is open to the petitioner to file objectio n in the acquisition proceeding in terms of the provisions contained in the Land Acquisition Act, 1894. The acquisition compensation that may be assessed by the Collector shall thereafter be paid to the petitioner. The writ petition is accordingly disposed of. The copy of the written in struction dated 23.12.2008 is kept on record. No costs.