WP(C) 3389/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Deka, learned counsel for the petitioners and Mr. Bora, learne d State counsel appearing for the respondents. The petitioners, 56 in numbers, have filed the present petition praying for a direction to the respondent authorities, commanding them to settle the lan d covered by Dag No.192/202 of Village No.1 Hengrabari Nonkey under Mouza Beltol a in the district of Kamrup, Assam, stating inter alia that they are possessing the land in the said dags for the last about 30-40 years by constructing houses thereon and despite the applications made for settlement/allotment of the said l and, those applications have not been considered by the respondent authorities t ill date. In paragraph 6 of the writ petition it has been stated on oath by the pe titioners that they have already applied for settlement/allotment of the land un der their respective possession before the concerned authority along with all re levant documents. It has also been stated that the copies of such applications f or settlement/allotment of the land filed before the concerned authority and the official communication in consequence to such applications filed are annexed wi th the writ petition as Annexure-III series and Annexure-IV series respectively. Perusal of the Annexure-III series and Annexure-IV series reveal filing of such applications by 10 persons only, out of whom only 3(three) are the petit ioners, namely, the petitioner Nos.1, 2 and 54. The petitioners though claim tha t all of them have filed their applications for settlement/allotment of the land , except the petitioner Nos.1, 2 and 54, no proof in that regard could be produc ed before this Court. The authority cannot consider for settlement/ allotment of the land in f avour of a person, who admittedly occupies the Government land, unless the appli cation is filed. Even when the application for settlement/allotment is filed, th e question of settlement/allotment is to be decided by the Government keeping in view the land policy and also whether the land is reserved land or not. That being the position, the prayer made by the petitioners, except the petitioner Nos.1, 2 and 54, cannot be entertained and hence rejected. In case of the petitioner Nos.1, 2 and 54, it appears from Annexure-IV s eries that applications for settlement/allotment of the land have been filed. Ac cording to the petitioners no order has been passed on those applications. Such averments have not been controverted by the respondents by filing any affidavit. That being the position, the present writ petition is disposed of direct ing the respondent authorities more particularly the respondent Nos.2 and 3 to c onsider and dispose of the said applications in accordance with law and in accor dance with the land policy formulated by the Govt. of Assam, if such application s have not already been disposed. Such consideration and necessary order shall b e passed within a period of 2(two) months from today, if not already passed. For the aforesaid period of 2(two) months status quo as regards the possession of t he land by the petitioner Nos.1, 2 and 54, as on today, shall be maintained. The writ petition is accordingly disposed of. No costs.