WP(C) 6145/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioners, twenty two in numbers, by the present petition, have pr ayed for a direction to the respondent authorities to consider their prayer for settlement of the land under their possession comprised in Dag No. 12 (old) 97 ( new) of village Ulubari, Birubari, Dr. BR Ambedkar Nagar, Guwahati under Ulubari mouza in the district of Kamrup, contending inter alia that though from time to time they filed applications for allotment/settlement of the land under their p ossession, the last being on 4.10.2010 addressed to the Deputy Commissioner, Kam rup (Metro), the same have not been considered by the authorities till date. Acc ording to the petitioners under the land policy of 1989 formulated by the Govt. of Assam and under the Assam Land and Revenue Regulation, 1886 they being landle ss persons are entitled to be considered for allotment/settlement of Govt. land. The petitioners further contend that a move to evict them from the said land is under process. I have heard Mr. Matlib, learned counsel for the petitioners, Mr. Talukd ar, learned Addl. Senior Govt. Advocate, Assam appearing for the respondents. The learned counsel for the petitioners in the backdrop of the aforesaid contentions of the petitioners has submitted that the present petition be dispo sed of with the direction to the Deputy Commissioner, Kamrup (Metro) and the Com missioner and Secretary to the Govt. of Assam, Revenue Department to consider th e application filed by the petitioners for allotment/settlement of the land and to pass necessary order on such application. It has also been submitted that til l such consideration is made a direction may also be issued not to evict the pet itioners from the land under their possession. Mr. Talukdar, learned Addl. Senior Govt. Advocate, Assam appearing for t he respondents has submitted that the prayer of the petitioners for allotment/se ttlement shall definitely be considered subject to fulfillment of the criteria f or allotment/settlement of the land as stipulated under the 1886 Regulation, pro vided they are entitle to such consideration under the land policy of Assam. The petitioners in the present writ petition have claimed that from time to time they have filed applications for allotment/settlement of the land under their possession, the last being on 4.10.2010 before the Deputy Commissioner, K amrup (Metro). It has also been stated on oath that the said applications have n ot been considered and disposed of by the authority concerned. That apart the pe titioners have also stated that there is a move for their eviction from the land in question though they claim to be entitled to allotment/settlement under the land policy of Assam as well as under the 1886 Regulation. Such averments have n ot been denied by the respondents by filing any affidavit-in-opposition. That being the position, this writ petition is disposed of with the dire ction to the Deputy Commissioner, Kamrup (Metro) to consider the application dat ed 4.10.2010 filed by the petitioners (Annexure-A to the writ petition) for allo tment/settlement of the land under their possession. While considering such appl ication, the Deputy Commissioner shall also bear in mind the land policy of the State of Assam formulated in the year 1989 and the requirement of the provisions of the 1886 Regulation. The said exercise is directed to be completed within a period of six months from the date of receipt of a copy of this order passed tod ay along with the copy of the writ petition and the annexure appended thereto to be furnished before the Deputy Commissioner by the petitioners within seven day s from today. The Deputy Commissioner, if required, shall place the same before the appropriate committee for taking a decision in that regard. Till the decision is taken on the basis of the order passed today, the p etitioners shall not be evicted from the land in their possession. The writ petition is accordingly disposed of.