WP(C) 827/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms. K.D. Sarmah, learned counsel for the petitioner and Mrs. Phuka n, learned State counsel appearing for the respondent Nos.1 to 5 as well as Mr. Patowary, learned standing counsel, PWD, appearing for the respondent Nos.6 and 7. As agreed to by the learned counsel for the parties, the writ petition i s taken up for disposal at the admission stage itself. The petitioner by the present petition has challenged the eviction proce eding initiated by the respondents, more particularly the respondent Nos.2 and 4 for his eviction from the land measuring 2 lechas on Touzi Patta No.59 in Dag N o.1917 of Sahar 1st Part of North Lakhimpur town, contending inter alia that the petitioner has been possessing the land measuring 19 lechas, which was initiall y covered by the aforesaid Touzi Patta, part of which i.e. 17 lechas of land was thereafter settled with the petitioner in the year 1988 and periodic patta No.7 69 was issued, after payment of the premium. According to the petitioner, for th e remaining portion of 2 lechas of land though he filed an application for allot ment/settlement, nothing has been done by the respondent authorities and instead initiated the process for eviction. It is also contended by the petitioner that if this 2 lechas of land is not allowed to be occupied by the petitioner, there will not be any ingress and egress to the land measuring 17 lechas settled with the petitioner. The respondent Nos.2 and 4 in the respective affidavits-in-opposition fi led, have admitted the settlement/allotment of 17 lechas of land in the aforesai d dag in favour of the petitioner, out of 19 lechas of land. In respect of the r easons for non-settlement of 2 lechas of land, the respondent No.2 in the affida vit-in-opposition has stated that no settlement order could be passed in favour of the petitioner, as there is a dispute between the petitioner and the Public W orks Department. The filing of the application for settlement of the said land m easuring 2 lechas has not been disputed by any of the respondents. The responden t No.2 in the affidavit-in-opposition further stated that as the said 2 lechas o f land is a Government land, an encroachment proceeding being Encroachment Case No.26/2010 has been initiated and an eviction order was passed by the Addl. Dist rict Magistrate. The filing of the application for allotment/ settlement for the aforesai d 2 lechas of land has not been disputed by the respondents in the affidavit-in- oppositions filed and the petitioner claims that in the event the said 2 lechas of land is not settled with him and settled with anyone else it would block the ingress and egress to the land settled with him, and also keeping in view the st and taken by the respondent No.2 in the affidavit-in-opposition that there is a dispute between the petitioner and the PWD relating to the aforesaid 2 lechas of land, the present writ petition is disposed of with a direction to the Deputy C ommissioner, Lakhimpur at North Lakhimpur to consider the case of the petitioner for allotment/ settlement of the aforesaid 2 lechas of land provided he is enti tled for settlement and the land is available for settlement/allotment. While do ing so the Deputy Commissioner shall also consider as to whether the land has al ready been allotted in favour of the PWD and available for settlement. The entir e exercise is directed to be completed within a period of 3(three) months from t he date of receipt of the certified copy of the order passed today to be produce d by the petitioner before the Deputy Commissioner. Till the decision is taken b y the Deputy Commissioner as directed, the petitioner shall not be evicted from the land in question. The writ petition is accordingly disposed of.