WP(C) 2025/2011 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Dhar, learned counsel for the petitioners and Mr. Roy, learned State Counsel appearing for the respondents. The petitioners by the present petition apprehending evi ction has prayed for a direction to the respondent authorities to demarcate the land measuring more or less 15 Bighas 2 Kathas 8 Lechas in Dag No.3 and 613 of K hatian No.1 of Village Tiyamari, Mouza- Molatir Vita, Porogonah Jamira in the di strict of Dhubri appertaining to Account No.36 of the erstwhile Gouripur Raj Zam indari Estate and to provide for settlement of the land in their favour contendi ng inter alia that on the date of acquisition of the land by the State under the provisions of Assam State Acquisition of Zamindaris Act, 1951, the petitioners’ predecessor-in-interest were in possession of the said land as riyots under the erstwhile Zaminders and though under the provisions of the Assam Land Holding ( Adoption of Relationship under the Assam Land and Revenue Regulation, 1886 in th e Acquired Permanently Settled Estates) Act, 1974, they continued to be the tena nt under the Government after such acquisition of land under the provisions of t he 1951 Act, there was a proceeding initiated in the year 1992-93 for eviction o f the petitioners from the land, which, however, was stayed in terms of the orde r passed by the Deputy Commissioner. According to the petitioners, as the proce eding has not been closed there is a threat of their eviction from the land, tho ugh they are entitled to settlement, they being the riyot under the erstwhile Za mindar. The learned counsel for the petitioners, therefore, submits that necess ary direction may be issued to the respondent authorities to consider the prayer of the petitioners for settlement of the aforesaid land, which is under their p ossession. Mr. Roy, learned State Counsel appearing for the respond ents, on the other hand, placing reliance on the affidavit-in-opposition filed b y the Circle Officer has submitted that the land under the possession of the pet itioners is the Government khas land. It has also been submitted that the petit ioners, till date have not filed any application seeking settlement/allotment of the land on the grounds, as have been urged in the present writ petition. The l earned State Counsel, however, has submitted that if the petitioners apply for s ettlement giving the details of their claim, the same would definitely be consid ered by the appropriate authority and necessary order would be passed thereof. Since the petitioners are claiming that they are entitle d to settlement and were riyot under the Zamindars and as such, continued to be the tenant under the State Government after acquisition of the said land under t he provisions of the 1951 Act, they have to file appropriate application before the authority concerned for allotment/settlement of the land under their possess ion, which admittedly has not been done till date. That being the position, the present petition is dispose d of giving liberty to the petitioners to file appropriate application before th e Deputy Commissioner, Dhubri seeking allotment/settlement of the land in questi on giving details of their claim within a month from today and, in the event of filing such application, the Deputy Commissioner shall consider the same and pas s necessary order. In the event, the approval/order of the Government for that purpose is necessary, the Deputy Commissioner shall also obtain such approval/or der, if it is found that the petitioners are entitled for settlement/allotment. The said exercise is directed to be completed within 3 (three) months from the date of receipt of the application to be filed by the petitioners, as aforesaid. The petitioners alongwith the application shall also file a copy of the order passed today before the Deputy Commissioner, Dhubri. Till such time, the petiti oners’ possession over the land in question shall not be disturbed. The writ petition is accordingly disposed of. No costs.