WP(C) 3598/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Mannaf, learned counsel for the petitioners in WP(C) No.2533/2 011 and Mr. Chauhan, learned counsel appearing for the writ petitioners in WP(C) Nos.5030/2010 and 3598/2011. Also heard Mr. Handique, learned State counsel app earing for the State respondents. These writ petitions are relating to the allotment of land which is part of Dag No.394 of village-Taparpathar under Mouza-Pub-chamaria in the district o f Kamrup (Rural). While the petitioners in WP(C) No.2533/2011 claim that 307 families were allotted land at the rate of 1katha 5 lechas per family by the Joint Secretary to the Govt. of Assam in Revenue and Disaster Management Department vide order d ated 18.03.2010, they being erosion affected landless families under rehabilitat ion scheme, the private respondent Nos.6 and 7, who are the petitioners in the o ther writ petitions are disturbing the possession of those families over the lan d, the petitioner in WP(C) Nos.5030/2010 and 3598/2011 are claiming that they ar e possessing the part of the land allotted to the writ petitioners in WP(C) No.2 533/2011 by cultivating the same and the allotment order dated 18.03.2010 was pa ssed while the applications filed by the petitioners in those two writ petitions were pending for consideration for allotment. The Addl. Deputy Commissioner and also the Deputy Commissioner filed the affidavit-in-opposition in WP(C) No.5030/2010 contending that the land under th e possession of the writ petitioners in WP(C) Nos.5030/2010 and 3598/2011 are di fferent and the land in favour of the petitioners in WP(C) No.2533/2011 was allo tted after the de-reservation was made in respect of 76.75 bighas of land, which is part of aforesaid land bearing Dag No.394 of the aforesaid village. In the s aid affidavit it has also been stated that all the writ petitioners in WP(C) Nos .5030/2010 and 3598/2011 are not landless persons though river erosion affected, some of them having the periodic patta land in their names. The affidavit-in-opposition filed by the Addl. Deputy Commissioner and t he Deputy Commissioner make it clear that the land measuring 76.75 bighas which is part of Dag No.394 was de-reserved and was allotted to 307 families at the ra te of 1 katha 5 lechas per family as they are found to be erosion affected landl ess families. Such allotment was made under the Rehabilitation Scheme. The said affidavits further reveal that the total land allotted in favour of the said 307 families was 76.75 bighas which is part of Dag No.394 of the aforesaid village. The grounds on which the order of allotment dated 18.03.2010 has been pu t to challenge in WP(C) Nos.5030/2010 and 3598/2011 i.e. their applications havi ng been pending for allotment, no order of allotment could have been passed in f avour of the petitioners in WP(C) No.2533/2011, however, cannot be accepted in v iew of the specific stand taken by the Addl. Deputy Commissioner in the affidavi t-in-opposition filed contending inter alia that the land measuring 76.75 bighas which is part of Dag No.394 and allotted to the aforesaid 307 families is diffe rent from the land occupies by the writ petitioners in WP(C) Nos.5030/2010 and 3 598/2011. It also appears from the said affidavit-in-opposition filed that the a pplications filed by the writ petitioners in the aforesaid writ petitions are st ill pending. That being the position the present writ petitions are disposed of in te rms of the following directions:- (i) The respondent authorities shall take all required steps so that the pea ceful possession of the land measuring 1 katha 5 lechas each by the 307 families who were allotted with the land measuring 76.75 bighas in Dag No.394, vide afor esaid order dated 18.03.2010, is not disturbed. (ii) The applicants filed in the writ petitions in WP(C) Nos.5030/2010 and 35 98/2011 for allotment shall be considered and necessary orders shall be passed b y the Deputy Commissioner, Kamrup (Rural) in accordance with the provisions of t he land policy of Govt. of Assam as well as the Assam Land and Revenue Regulatio n, 1886. (iii) It may also be mentioned here that before passing any order of allotment in favour of those petitioners, the authority shall scrutinize as to whether th ey are landless person and the grazing reserve is required to be de-reserved. Th e said exercise is directed to be completed within a period of 3(three) months f rom the date of production of the certified copy of this order to be produced by any of the petitioners before the Deputy Commissioner, Kamrup(Rural). The writ petitions are accordingly disposed of. No costs.