These ten petitioners have prayed for a Writ of Mandamus or any other appropriate Writ directing the State of Assam not to interfere with the settlement of lands already made in their favour, and the other opposite parties to refrain from reducing the areas settled with each of the petitioners under orders of the State Government.

(2) The material facts may be stated thus. The petitioners claim to be residents of village Padu-mani-Kismat in Mouza Namati, in the District of Nowgong. On their application, the Deputy Commissioner of Nowgong, by his order, dated 2-12-49, allotted 200 bighas of 'Sarkari' lands at the rate of 20 bighas to each 01 them. The peti­tioners made investments in reclaiming the lands and occupied and cultivated the same. They have been also paying the instalments of premia in respect of the lands allotted to them, for which they hold receipts, and have also made payments of the revenue regularly. It appears that subse­quent to the allotments, some persons approach­ed the authorities for converting those lands into a grazing reserve, but the Settlement Officer of Nowgong, after making due enquiries, rejected their objections and confirmed the settlements made with the petitioners. Since then the peti­tioners have been all along cultivating the lands according to the area of 20 bighas allotted to each of them and have been in peaceful occupa­tion of the same. The boundaries of the lands in their respective occupation have also been de­marcated by the 'Mandal', though, so far no. 'pattas' have been issued to the petitioners.

(3) Nearly two years thereafter the Settlement Officer of Nowgong received a letter from the-Under Secretary to the Government of Assam,, wherein it was stated that although Government did not want to interfere with the settlement of lands already made with the petitioners, Abdul Gani and 9 others, Government considered that the allotment of lands at 20 bighas per head was more than what was justified, and that it should be reduced to 15 bighas per head. The Settle­ment Officer was accordingly requested to take necessary action to allot the lands at 15 bighas per head and give the remaining area to other landless people. This was by letter No. RSG 107/ 52/53, dated 1-5-1952 (Annexure 'A' to the petition). The Settlement Officer then sent copy of the above Government order to the petitioners and informed them that by virtue of that order, the petitioners were given 15 bighas of land in place of 20 taighas each settled with them. This again was almost a year afterwards by notice, dated 20-4-53, (Annexure \B'). The petitioners then moved the authorities concerned for recall of those orders, but were unsuccessful. The above orders are questioned by the petitioners as with­out any sanction in law and unwarranted inter­ference with the settlements already made with the petitioners.

(4) In the report submitted by the Settlement Officer of Nowgong, the material facts are sub­stantially admitted. He has not disputed that 200 bighas of 'Sarkari' waste lands in the village in question were allotted to the petitioners on 2-12-49 at the rate of 20 bighas each, as per orders of the then Deputy Commissioner, Mr. N. Kidwai. Since the allotments, the petitioners have ad­mittedly paid three 'kists' of premium. The re­port shows that the fourth kist was due, but Mr, P. A. Ahmad on behalf of the petitioners stated that they had since paid the fourth 'kist' also.

It is also not disputed that they have been pay­ing the land revenue in respect of the lands settled. The report shows that in view of the Government letter referred to above, the Settle­ment Officer reduced the allotments from 20 bighas to 15 bighas each. The settlement is re­ported to be not under the Colonisation Scheme, as suggested by the petitioners, but under the Development Rate Scheme (D. R. S.) covered by Government Notification No. 4587, dated 12-9-41. A copy of the notification has been forwarded with the report of the Sett