WP(C) 2187/2008 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. N. Dhar, learned counsel for the petitioner and Mr. G. Soren, learned State Counsel appearing for the respondents. The petitioner, though by the present petition has challenged the order dated 26 th December, 2006 passed by the Deputy Commissioner, Karimganj, whereby and wher e-under the application filed by him on 8th January,2004 for allotment of the la nd under their possession has been rejected, Mr. Dhar, learned counsel for the p etitioner has submitted that the Government may be directed to consider his case for allotment of the land available for settlement even in the rural area, if n o urban land is available for settlement. The petitioner contends that he was occupying the small partial of land covered by Dag No.23 (Part) under Mouza- Banamali in Karimganj Town in the district of K arimganj, which locality is known as Charbazar and since the said land is Govern ment Khas land, the Association of which the petitioner was a member, filed the application on 27th May, 1994 for allotment of the land to the members of the As sociation. According to the petitioner, since instead of allotment of the land under the possession of the traders including the petitioner, land measuring 6 B ighas in Dag No.23 (Part) was settled with some non-resident Indians for the pur pose of construction of a market complexes, the Association filed Civil Rule No. 3124/1994 before this Court challenging the proposed eviction as well as for non consideration of the case for allotment, which was disposed of vide judgment an d order dated 26th May, 1999 by directing the respondent authorities to consider and dispose of the representations filed by the traders for allotment of the la nd, within a period of 2 (two) months. It is also the case of the petitioner tha t thereafter, the authority has settled the land in favour of other traders, who are the members of the Association, however, without passing any order in favou r of the petitioner, for which the petitioner again had to approach this Court i n WP(C) No.7772/2002, which was disposed of vide order dated 2nd December, 2003 allowing the petitioner to file a fresh application for allotment, with a furthe r direction to the respondents therein to consider such application, if filed. The petitioner thereafter, filed an application dated 8th January, 2004 before t he Deputy Commissioner, Karimganj praying for allotment of the land under his po ssession, which is covered by Dag No.23 (Part) under Mouza- Banamali in Karimgan j Town. The said application having not been considered and disposed of, the pe titioner again approached this Court in WP(C) No.7855/2004. A Single Bench of t his Court vide order dated 30th June, 2006 directed the Deputy Commissioner to c onsider and dispose of the said application dated 8th January, 2004 within a per iod of 3 (three) months. The Deputy Commissioner, Karimganj thereafter, vide order dated 26th December, 2 006 rejected the application field by the petitioner on 8th January, 2004 (thoug h in the said order, it has been mentioned as 8th January, 2003) on the ground t hat the land in respect of which the settlement/ allotment has been sought for, could not be settled/allotted in favour of the petitioner, the same being the pr oposed road side reserved land of National Highway No.151. By the said order, i t has also been mentioned that there is no other alternative Government khas lan d reportedly available in adjacent areas for consideration of the prayer. Mr. Dhar, learned counsel for the petitioner has submitted that it is evident fr om the impugned order dated 26th December, 2006 that the Deputy Commissioner has not considered the prayer of the petitioner for allotment of alternative Govern ment khas land as reportedly no land is available. According to the petitioner, no effort, in fact has been made by the Deputy Commissioner to find out whether other Government lands in the adjacent area are available for settlement. Prod ucing a copy of the order passed on 1st July, 2009, it has also been submitted b y Mr. Dhar that settlement order in respect of the land in Karimganj district ha s been passed in favour of some other persons, which land, however, is not in th e urban areas but in the rural areas. Mr. Dhar, therefore, submits that the wri t petition be disposed of with a direction to the Deputy Commissioner to conside r the prayer of the petitioner for allotment of the land preferably in the urban areas, if such land is available and if not, in the rural areas subject to avai lability of the land. It has also been submitted that the petitioner, for that purpose, shall file a fresh application before the Deputy Commissioner, Karimgan j. No affidavit-in-opposition has been filed despite the various opportunities gran ted, the last being on 30th November, 2010. Mr. Soren, learned State Counsel ha s submitted that in the event the petitioner files any fresh application, the sa me shall be considered by the Deputy Commissioner and in the event any Governmen t Khas land in the urban areas, i.e. within the town limit of Karimganj is avail able, such consideration would be made in respect of such land and in case of no n availability of such land, consideration of the prayer for settlement in favou r of the petitioner in respect of the land in the rural areas subject to availab ility and land policy would be made. It appears from the impugned order dated 26th December, 2006 that the land under the possession of the petitioner is the road side reserved land of National Hig hway No.151 and, therefore, no direction can be issued for settlement of the sai d land. The impugned order also reveals that according to the Deputy Commission er, as reported to him, there is no alternative Government land adjacent to the area for which the settlement was sought for. The said order, however, does not reveal whether any Government Khas land is available in other part of Karimganj town, i.e. in the urban area. That being the position, the present petition is disposed of with the direction to the Deputy Commissioner, Karimganj to consider the case of the petitioner afr esh for settlement of any available Government Khas land within the town limit o f Karimganj and if such land is not available, than in the nearby rural area. S uch consideration shall be made and necessary order shall be passed within a per iod of 2 (two) months from the date of receipt of a fresh application to be file d by the petitioner alongwith the copy of the order passed today and in terms of the provisions of the Assam Land and Revenue Regulation, 1886 and the land poli cy of Assam. The writ petition is accordingly disposed of. No cost.