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3. During pendency of the writ petition, petitioner No.1 expired whereafer he has been substituted by his legal heirs following which petitioners have been re-arranged as petitioner Nos. a, b and c respectively.

4. Case of petitioner No.1 is that he was the owner and possessor of a plot of land measuring 1 katha 10 lechas covered by Dag No.585, Periodic Patta No.870 of Natun Town Sarania under Ulubari Mouza, Guwahati city. The said land was acquired for public purpose. A proposal was made by Government of Assam to compensate petitioner No.1 with 1 bigha of Government land covered by Dag No.159 Annual Patta No.26 of village Sila Mahekhaiti under Sila Sinduri Ghopa Mouza in the district of Kamrup (Rural). The said proposal of the Government was accepted by petitioner No.1.

11. Sub-Divisional Magistrate passed order dated 26.02.2003 in the proceedings under Sections 145/146 Cr.PC declaring possession of petitioner No.1 over the disputed land and directed restoration of possession. Accordingly, possession of the disputed land was handed over to petitioner No.1 on 04.05.2003.

12. Legal heirs of Rakho Kachari, i.e., late Phukan Boro made application dated 02.04.2003 before the Circle Officer, North Guwahati Revenue Circle for restoration of lands measuring 3 bighas 2 kathas covered by Dag No.159 and 1 katha 7 lechas of Dag No.160, totaling 3 bighas 3 kathas 7 lechas of Annual Patta No.26 of village Sila Mahekhaiti under Sila Sinduri Ghopa Mouza in his name which was made Government land in view of alienation of such land by the annual pattadar.

22. Respondents have filed affidavit.

23. Respondent No.4, i.e., Deputy Commissioner, Kamrup (Rural) in his affidavit filed on 23.07.2012 has taken the stand that total land covered by original Dag No.159 of Annual Patta No.26 of village Sila Mahekhaiti was 3 bighas 2 kathas. Original pattadar was Rakho Kachari. After his death, name of his son Phukan Boro was mutated in respect of the said land. Out of the said land, land measuring 1 katha 7 lechas covered by Dag No.160 of the same annual patta was made Government land on 21.05.1985 on account of transfer of possession. Following Government order and consequential order of the Deputy Commissioner, 1 bigha of land out of total 3 bighas 2 kathas of land covered by Dag No.159 was settled with Haladhar Deka i.e., petitioner No.1 and the settled part was included in Periodic Patta No.65, new Dag No.360. Board vide order dated 05.04.2005 had directed Deputy Commissioner, Kamrup to dispose of the representation of Phukan Boro for restoration of patta.

23.1. In compliance to such direction, Deputy Commissioner, Kamrup passed the order dated 14.07.2005 restoring only settlement of an area of land measuring 2 bighas 1 katha covered by Dag No.159 and land measuring 1 katha 7 lechas covered by Dag No.160, both under earlier Annual Patta No.26 in favour of late Phukan Boro.

23.2. In the above circumstances, respondent No.4 has contended that 1 bigha of land settled with Haladhar Deka (original petitioner No.1) is no way connected with the matter relating to restoration of annual patta of Phukan Boro as the 1 bigha of land settled with Haladhar Deka was separated from Dag No.159.