WP(C) 6329/2002 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. A.M. Mazumdar, learned counsel appearing for the petitioner. Also hear d Mr. R.K. Bora, learned Government Advocate who appears for the official respon dents. The petitioners who claim possession of 138 Bighas, 4 Kathas, 17 Lechas of land under Dag No.2/92 of Bhogiramgaon Kisam in Jamunamukh Mouza, where they have started tea cultivation had approached this Court apprehending eviction fro m the said land, even before their application for settlement could be considere d by the Revenue Authorities. This Court passed an interim order on 1.10.02 prot ecting the possession of the petitioners. In the mean time a counter affidavit has been filed by the S.D.O.(C), Ho zai Sub-Division on 19.6.03 from where it can be gathered that process for consi deration of allotment has been made. But it is averred that merely because a rec ommendation for allotment has been made, the petitioner cannot claim allotment a s they have encroached over 138 Bighas, 4 Kathas, 17 Lechas of of Government lan d without any authority of law. The learned senior counsel appearing for the petitioner submits that bec ause of the case being pending since last 7 years, the process of consideration of settlement is stalled and if the case is disposed of by permitting the respon dent authorities to take a decision on the merit of the settlement, the agony of the petitioner would be relieved. The learned counsel specifically refers to the communication dated 31.3.01 of the Deputy Commissioner, Nagoan (Annexure- 8) whereby the Deputy Commissioner had forwarded to the Government the proposal for settlement of the land. In view of the above, this petition is disposed off by leaving it open t o the Government to consider the claim for settlement made by the petitioner. Su ch decision is required to be made by the Government on merit of the claim and n ot with reference to any observation made by the Court. The order on merit would be made expeditiously and preferably within 3 months from the date of this Cour t’s order. This petition is disposed off accordingly.