JUDGMENT :

The instant writ petition has been filed by the Petitioners seeking a direction upon the Respondents to act in terms with the directions passed by this Court in W.P.(C) No.636/1999 and to hand over the vacant possession of the land measuring 10 bighas covered by Dag No. 1, 2, 52, 53, 54 (Old), 2, 5 (New) of Village No. 2 Basistha under Beltola Mouza at Guwahati to the Petitioner by evicting the illegal occupiers and to make necessary correction in the relevant revenue records by entering the name of the Petitioner No. 2 in place of ‘Sarkari’ land as per the order of the Government of Assam communicated vide Letter dated 19.9.1985.

2. From a perusal of the materials on record, it transpires that on 19.9.1985, the Deputy Secretary to the Government of Assam, Revenue Settlement Department had directed the Deputy Commissioner for transfer of ‘Sarkari’ land measuring 10 bighas covered by Dag No. 1 & Dag No. 53 of Village Basistha under Beltola Mouza to the Regional Provident Fund Commissioner N.E. Region for construction of office building and staff quarters on realization of a premium at 100% of the market value fixed at Rs.61,800/-per bigha together with capitalized land revenue for 25 years at Rs.375.00 and local tax of Rs.93.75. It was further directed that the land may be handed over to the authority of the Regional Provident Commissioner, N.E. Region and necessary records may be corrected after realization of the due premium.

3. It further reveals that pursuant to the said order, the Petitioners deposited the said amount of Rs.6,18,000/-as well as Rs.468.75/-in the Head of Accounts. Subsequent thereto, vide the Communication dated 25.6.1986, the possession of the land was handed over for the purpose of the construction of the Office of the Regional Provident Fund Commissioner on 28.6.1986. It is also seen that on the basis of the order dated 19.9.1989, 1 bigha of land under Dag No.1 and 9 bighas of land under Dag No. 53 were inserted in the remark column of the Chitha as reserved for the Office of the Regional Provident Commissioner as per allotment.

4. From the records, it is also seen from the records that certain persons filed a writ petition seeking a direction upon the Respondent State Authority to give settlement of the Government land under their occupation. The said writ petition was registered as W.P.(C) No.636/1999. The claim of the said Petitioners therein was in respect to 12 bighas of land covered Dag No. 53 of Village No. 2, Basistha under Beltola Mouza for the last 20 years. In the said writ proceedings, the Petitioners herein were the Respondent No. 6 & 7 and it was informed to the Court that they had duly paid the premium. The said writ petition was disposed of vide an order dated 07.02.2006 with an observation that the Respondent Authorities shall be entitled to evict the Petitioners of the said proceedings by following the due procedure established by law, if not already followed. It was further observed that the Respondent Authorities may also consider adjustment of the Petitioners therein in any manner in any nearby land, if the same was possible on their part.

5. It also transpires from the records that the Petitioners herein have been approaching the Respondent Authorities asking them to evict the illegal encroachers from the land which have been allotted to the Petitioners and in respect to which the Petitioners have duly paid their premium. It is relevant to note herein that though the Government of Assam had granted the allotment to the Petitioners herein but till date no settlement have been made in favour of the Petitioners by issuance of the periodic lease which is the requirement as per the Settlement Rules. The Respondent Authorities have turned a cold shoulder to the various requests made by the Petitioners herein and as such, the Petitioners have been compelled to approach this Court by filing the instant writ petition.

6. It reveals from the records that pursuant to the issuance of notic