WP(C) 5202/2010 BEFORE THE HON’BLE MR.JUSTICE UB SAHA The instant writ petition is filed for a direction to the respondents to pass a n order for allotment of patta over 1 K.5Ls. of land in village Ulubari under Ulubari mouza along with further prayer that till disposal of the writ petitio n, the respondents Authorities be directed not to disturb the petitioner over th e land in possession. Heard Mr. D. P. Chaliha, learned senior Counsel assisted by Ms J. Rajkum ari, learned Counsel for the petitioner as well as Ms V.L. Singh, learned Govt. Advocate appearing for the State respondents. As agreed to by the learned Counsel for the parties and on perusal of th e prayer made in the petition, the writ petition is taken up for final disposal at the motion stage. The brief facts needed to be discussed for disposal of the instant pet ition are as follows: The petitioner is in possession of a plot of land measuring about 1 K.10 Ls covered by Dag No. 175(952) at village Ulubari, Mouza Ulubari since 1990 and while the petitioner was in possession, the Revenue Authorities have assessed the Touzi Bahi Revenue for the said la nd and the petitioner has paid the necessary revenue as required under law on 1 7.10.1996. After submission of Kabula application by the petitioner before the competent authority for settlement of the land upon fulfilling all the required formalities, the petitioner was served a notice by the Additional Deputy Commi ssioner, Kumrup ( Metro), Guwahati wherein it has been mentioned that the Re venue Authority is going to evict the petitioner along with others. Thereafter , the petitioner approached the Assam Board of Revenue against the said notice of eviction and the Revenue Board ultimately was pleased to set aside the said n otice finding, inter alia, that the notice was not maintainable. All on a sudde n thereafter, by letter dated 2.8.2008, the Settlement Authority, Guwahati has i nformed the Deputy Commissioner, Kamrup(M), Guwahati that the family are living in the applied land by constructing Tin chali and it is seen that the possessi on is taken by sale Deed dated 2.8.92. The Settlement authority also furnish ed the report of the land measurement officer, the photocopy of the original a pplied house, trace map, citha copy etc. for his consideration. Mr. Chaliha, learned senior Counsel fairly submits that when the petit ioner is in possession of the land in question and also applied for allotment by submitting proper revenue as required under law, the authority is bound to consider the same and the petitioner can expect that the order of allotment wil l be issued in favour of him. Learned Govt. Advocate while resisting the submission of Mr. Chaliha, su bmits that the present petition is not maintainable only on the ground that till now the Authority has not taken any decision rejecting the prayer for allot ment of land to the petitioner. More so, mere possession over the land does not entitle a citizen to get an allotment order, unless the said citizen fulfills the requirement as prescribed under law covering the field of allotment of land . She further submits that it would be proper for the petitioner to approach the allotting Authority by filing a representation stating all his grievances with in a particular period and on receipt of the same, the Authority will consider t he prayer for allotment, if so made in accordance with law. Having heard the learned Counsel for the parties and on going through th e records available, this Court is of considered opinion that it would not be p roper to express any opinion on merit of the writ petition as Mr. Chaliha als o agreed to that the petitioner will file representation stating all his griev ances. It appears from the record that the Settlement Authority though did not express his opinion whether the land for which allotment is sought for would be allotted to the petitioner or not. But he sent all necessary documents submitted by the petitioner to him for consideration of the respondent No. 2. In view of the above, the petitioner is directed to submit a detailed re presentation along with a copy of this order and a copy of the writ petition to the respondent No.2 within a period of fifteen days from today and on receipt of the same, the respondent No.2 shall pass a reasonable order on the representati on within one month from the date of receipt of the same. It is needless to say that at the time of disposal of the representation , the respondent No.2 shall also take note of letter dated 2.8.2008 and if the petitioner fulfills the conditions prescribed for allotment of land, then th e Authority will pass necessary orders. Till disposal of the representation, the petitioner shall not be dispossessed from the land in question subject to the s ame is possessed by him. In view of the above, the writ petition is disposed of. However, disposa l of this writ petition shall not be a bar for the petitioner to approach the C ourt of law again if so aggrieved by the order of the respondent No.2 on the r epresentation of the writ petitioner.