WP(C) 2889/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. A.R. Sikdar, learned counsel appearing for the petitioner. Also heard Mr. J. Ahmed, learned counsel appearing for the private respondents 7 & 8. Mr. J. Handique, learned Government Advocate appears for official respondents. This matter pertains to the Rupakuchi Parghat which is being settled by the Mandia Anchalik Panchayat. The petitioners contend that the ghat area is located on the patta land of the petitioners and therefore the Anchalik Panchayat is not entitled to make settlement of such ghat located over private patta land. The learned counsel r efers to the decision of this Court in Rupam Talukdar vs. State of Assam repor ted in (2009)5 GLR 63 to show that the Panchayat Authorities can make settleme nts only over Government land. Mr. J. Ahmed, learned counsel appearing for the settlement holders howev er submits that the ghat in question is operating on Government ’Khas’ land and the contention raised by the petitioners is not based on correct factual founda tion. On behalf of official respondents, it is submitted by Mr. J. Handique, l earned Government Advocate that direction may be issued to the Deputy Commission er, Barpeta to examine the rival contention as to whether the Rupakuchi Parghat is located over the patta land of the petitioners or is located over Government Khas land. The learned counsel further submits that even if a public ghat is lo cated over private land, the Government is entitled to acquire the necessary lan d to ensure continued operation of a ghat for public use. To resolve the present controversy it is apparent that there must be a d etermination as to the location of the Rupakuchi Parghat i.e. whether the said ghat is located over patta land of the petitioners or is located over Governmen t ’Khas’ land. Such determination in my view should be made by the Deputy Commis sioner, Barpeta through an appropriate inquiry by the jurisdictional Revenue Aut horities. Petitioners and the private respondents may participate in the inquiry proceeding and put across their respective contentions. The view of the Mandia Anchalik Panchayat and Barpeta Zilla Parishad may also be considered by the Depu ty Commissioner. The Parghat be operated thereafter in terms of the decision given by the Dy. Commissioner, Barpeta. The Deputy Commissioner is directed to complete the necessary determinat ion on or before 30.6.2010. Writ petition is disposed of accordingly.