WP(C) 3498/2003 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr I Hussain, learned counsel for petitioners, as well as Mr J Sarma, lear ned state counsel appearing for the respondents. This petition is filed praying for a direction to the respondent authori ties to consider the applications filed by the petitioner for settlement/allotme nt of the land under their possession situated at no.5 Barbala Char, Kurihamari Char and Bhangamari Char ~ under the Barkhetri revenue circle, Nalbari district ~ which, according to the petitioners, have not been disposed of till date in s pite of the directions contained in the order dated 28th January 2003 passed in WP(C) no.645/2003. The respondent no.2, in the affidavit-in-opposition filed, has stated th at no such application has been moved and that at no.5 Barbala Char there is onl y 403-bigha and 18-lecha of land, and not 800-bigha of land ~ as claimed by writ petitioners. The affidavit does not deal with entitlement or otherwise of the p etitioners to get the settlement. Some of these writ petitioners had earlier filed WP(C) no.645/2003 prayi ng for consideration of their respective cases for allotment/settlement of the l and which they had been possessing. The said writ petition was disposed of vide order dated 28th January 2003 directing the Secretary to government of Assam ~ i n the Revenue Department ~ to consider the representation of the petitioners-the rein filed on12th February 2001(annexure 2) in accordance with law, as well as i n terms of the government policy, and to pass necessary order thereon and not to disturb the petitioners’ possession over the land till the representation was f inally disposed of. It is, therefore, evident from the order dated 28th January 2003 that th e petitioners had enclosed a copy of the representation dated 12th February 2011 with WP(C) no.645/2003, which was directed to be disposed of by the departmenta l Secretary. The authority, therefore, even in absence of any other application available with it, ought to have considered said representation, which has not b een done till date. That being the position, the present writ petition is disposed of with a direction to the Secretary to the govt. of Assam ~ in the Revenue department ~ and also the Deputy Commissioner, Nablari, to consider the case of petitioners f or allotment/settlement of the land under their possession and pass necessary or der within three months from the day when a copy of this order together with a c omplete set of writ petition is submitted before the said authority by the petit ioners. In the event copy of the representation dated 12th February 2011 is not available on record, the copy of this writ petition to be produced by the petiti oners, as is directed, shall be treated as an application for allotment/ settlem ent of the land and shall accordingly be dealt with. Till such order is passed b y the said authority, petitioners’ possession as on today over the land in quest ion shall not be disturbed. The writ petition is accordingly disposed of. No costs.