WP(C) 1768/2010 BEFORE THE HON’BLE MR JUSTICE H. BARUAH. Petitioner herein seeks for a direction to the respondent authorities to release an amount of Rs. 96,35,476.00 being the balance of the compensation amounting t o Rs. 3,64,86,233.00 computed by the District Collector, Cachar on the lands of the petitioner and others acquired under the provision of Land Acquisition Act f or construction of IBB road in the year 2003. It is the case of the petitioner t hat Rs. 2,68,50,757.00 has already been approved by the Government and released in favour of the land owners, whose lands were acquired, out of total compensa tion of Rs. 3,64,86,233.00. The balance amount as indicated above is still to be released in favour of the land owners. Further case of the petitioner is that o n account of non release of the balance amount as indicated herein before the pe titioners and others submitted several representations before the Collector for release of the balance amount but nothing fruitful has come out till date. The petitioner, therefore, being deprived of the balance compensation computed b y the District Collector has approached this court by filing this instant writ p etition seeking a direction to the respondent authorities to release the balance amount in favour of the District Collector, Cachar to facilitate him to disburs e the same among the land owners including the petitioner. I have heard Mr. S.C. Biswas, learned counsel for the petitioner as well as Mr. S. Saikia, learned standing counsel, PWD. Also heard Mr. R. K. Adhikari, learned Govt. Advocate for the State respondents. The State respondents in their counter affidavit have admitted the grant of comp ensation to the tune of Rs. 3,64,86,233.00 and also of release of the amount of Rs. 2,68,50,757.00 for disbursement of the same among the land owners including the petitioner. There is no averments in the counter affidavit in regard to non release of balance amount of Rs. 26,10,321.00. Mr. Biswas, learned counsel in v iew of computation of the compensation to the tune of Rs. 3,64,86,233.00 and rel ease of Rs. 2,68,50,757.00 submits that there can be no reason on the part of t he State respondents for not releasing the balance amount as indicated above. Mr . Biswas, therefore, urges this court to issue a direction to the respondent aut horities to release the aforesaid amount in favour of the land owners including the petitioner. Counter affidavit so filed by the respondent is also silent in r espect of the cause(s) for not releasing the balance amount. Mr. S. Saikia, learned standing counsel, PWD while submitting before this court states that the Revenue Department has only given approval for release of Rs. 2, 68,50,757.00 despite computation of compensation to the tune of Rs. 3,64,86,233. 00 Therefore, in view of the above, there can be no balance so to be paid to the land owners including the petitioner. This submission is advanced by Mr. Saikia without filing any affidavit whatsoever. Therefore, his submission would not pr eclude this court to take a decision on the basis of the facts and circumstances appearing in the face of the writ petition and the counter affidavit filed by t he State respondents. This court, therefore, finds no ground to accept his argum ent. As the counter affidavit filed by the State respondents is silent about the caus e(s)for not releasing the balance amount as indicated above, this court finds no impediment to issue a direction to the respondent authorities to release the ba lance amount in favour of the land owners including the writ petitioner if they are entitled. Before releasing the amount the land owners including the petitio ner’s claim will be verified and if found sustainable rather entitled, the amoun t shall be released. With the direction above, this petition stands disposed of.