WP(C) 5410/2003 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioner by the present petition has prayed for a direction to the respondent authorities to allot/ settle the land measuring 4 kathas, which clai ms to be under her possession for last more than 30 years, in Dag Nos.3 and 4 of village Jaysagar under Mouja-Salaguri contending inter alia that during the lif etime of her husband, who was an ex-army personnel, he applied for allotment/set tlement of the said land, pursuant to which a proposal was submitted by the Circ le Officer, Amguri Revenue Circle for settlement of the said land showing his po ssession for last 25 years, but unfortunately before passing any order, her husb and expired on 01.03.2003 and thereafter though the petitioner filed an applicat ion on 16.06.2003 before the Secretary to the Govt. of Assam in Revenue Departme nt through the Deputy Commissioner, Sivasagar, no order of allotment/settlement has been passed by the authority, though the petitioner is entitled to settlemen t, she being a landless lady. No affidavit-in-opposition has been filed by the respondents though the writ petition is pending since the year 2003. Mr. Handique, learned State counsel appearing for the respondents, howev er, has submitted that the case of the petitioner for allotment/settlement of th e land under her possession would definitely be considered and necessary order w ould be passed, subject to the provisions of the Assam Land and Revenue Regulati on and the land policy of Govt. of Assam. None has appeared today to argue the case, though the names of the learn ed counsel appearing for the petitioner are reflected in the cause list. The petitioner has stated on oath that the aforesaid land is under her p ossession for last more than 30 years. It appears from the averments made in the writ petition as well as annexures appended thereto that the petitioner’s husba nd during his lifetime filed an application seeking allotment/settlement of the aforesaid land, on the basis of which an enquiry was initiated by the Circle Off icer, Amguri Revenue Circle, who thereafter on 24.01.2002 submitted a report to the Deputy Commissioner, Sivasagar certifying that the applicant is a landless p erson and his case for allotment/settlement may be considered. While the said co nsideration was pending, the petitioner’s husband unfortunately died on 01.03.20 03. The petitioner thereafter on 16.06.2003 filed an application before the Secr etary to the Govt. of Assam in Revenue Department through the Deputy Commissione r, Sivasagar for allotment/settlement of the said land in her name after the dea th of her husband, who left behind apart from her other minor children. Accordin g to the petitioner no order has been passed till date on such application. Since the application initially filed by the petitioner’s husband, which was processed by the authority for allotment/settlement of the land under the p ossession and the petitioner after death of her husband filed an application for allotment/settlement of the land on the ground that they are landless persons a nd are entitled to get settlement, her case for allotment/settlement has to be c onsidered by the authority, which has not been done. That being the position, the present writ petition is disposed of with a direction to the respondent authority to consider the case of the petitioner fo r allotment/settlement of the aforesaid land and to pass necessary order. Till s uch order is passed, the petitioner’s possession over the land shall not be dist urbed. The writ petition is accordingly allowed to the extent as indicated abov e. No costs.