JUDGMENT :

The Petitioners herein are aggrieved by the non-consideration of their application for allotment of land of 60 bighas under Dag No. 354 at Lalung Gaon, Kisamot under Bratadaba Mouza, Nagaon to the Petitioners Society pursuant to the approval granted in Resolution No. 141 dated 03.04.1991 by the Sub-Divisional Land Advisory Committee, Nagaon.

2. The records reveals that the Petitioners’ Society is a Society of 29 members carrying their livelihood through agricultural. The members of the Petitioners’ Society claim that they have been in occupation of land admeasuring 60 bighas by constructing dwelling houses. It is relevant to mention that the said 60 bighas of land is situated at Dag No. 354 Lalung Gaon under Bratadaba Mouza in the District of Nagaon, Assam. The said dag being Dag No. 354 contains as per the Petitioners 264 bighas of land which was a marshy grazing reserved land. In the year 1988, the Government de-reserved the 264 bighas of land for rehabilitation of the ex-Army Men and the landless cultivators.

3. The Petitioners thereupon duly applied for 60 bighas of land. It is further apparent from a perusal of the writ petition that the Sub-Divisional Land Advisory Committee, District-Nagaon had recommended vide the Resolution being 141 dated 03.04.1991 that 60 bighas of land be allotted in favour of the Petitioners’ Society. It is also seen from the records that on 08.07.2003 the Collector-cum-Deputy Commissioner, Nagaon had directed the Petitioners Society to pay revenue in respect of 60 bighas of land under the possession of the Petitioners. The Petitioners thereupon claims to have paid the said revenue. It is further seen from the pleadings that the Petitioners’ Society have been approaching the Respondent Authorities for granting the allotment pursuant to the recommendation made by the Sub-Divisional Land Advisory Committee. It is the case of the Petitioners that the Respondents did not take any steps for which the instant writ petition has been filed. It is also the case of the Petitioners that on one hand the Respondents have not issued the allotment order but on the other hand the Respondent Authorities were trying to evict the Petitioners.

4. The instant writ petition was filed on 03.04.2017 and vide an order dated 06.04.2017, this Court had issued notice. It reveals further from the records that on 11.11.2022, an application was filed by the Petitioners seeking a direction upon the Respondents not to disturb/evict the Petitioners from the peaceful possession and occupation of land of 60 bighas of land under Dag No. 354 of Lalung Gaon, Mouza–Bratadaba, Nagaon. The said application was registered and numbered as I.A. (C )No. 3306/2022. This Court vide an order dated 15.11.2022 had directed that no coercive action should be taken by the Respondent Respondents for evicting the Petitioners from the land under their possession.

5. It is further relevant to take note of that even after a passage of around 6 years the Respondent Authorities have not filed any affidavit and this aspect of the matter was also duly noted by this Court on 26.04.2023. Inspite of the order passed on 26.04.2023, whereby the Revenue Department of the Government of Assam was directed to file their affidavit within 4 weeks, the said affidavit has not been filed.

6. Today when the matter was taken up, Mr. A. Bhattacharjee, the learned counsel appearing on behalf of the Revenue Department have placed a set of instructions issued by the Additional District Commissioner (Revenue) Nagaon. In the said instructions, it was mentioned that the Petitioner Society originally comprised of 31 members. Out of these 31 members, 17 members are not landless and have land in their fathers’ name. At present only 9 members have been possessing and residing in the said plot of land by constructing dwelling houses. Out of these 9 members, 4 members have land in their fathers’ name. So only 5 members who have possession and residing in the said land are found lan