JUDGMENT 1. The petitioners, in this petition, seek a writ in the nature of Certiorari to quash order dated 21st January, 2020, passed by Deputy Commissioner, Bandipora, whereby claim of the petitioners for compensation in lieu of Shamilat land has been rejected. The petitioners also pray for a direction to the official respondents to retrieve the excess Shamilat land situated at Mouza Bonakoot Tehsil Bandipora from respondent No.5 to 9. 2. The matter was considered by this Court on 17.09.2021, when this Court, while issuing notice to the respondents for filing objections, also directed the Deputy Commissioner, Bandipora, to ensure that all Shamilat land (kahcharai) is vacated from the illegal occupants including the petitioners as well. The petitioners were, however, given liberty to approach the revenue authorities for ascertaining their due share in the partible Shamilat Deh land available in the village. The Deputy Commissioner was also directed to ensure that no illegal activity on the Shamilat Deh land takes place. 3. In compliance to the directions aforesaid, a report is filed by the Deputy Commissioner in which it is submitted by the Deputy Commissioner that there is a big chunk of kahcharai land measuring 1618 kanals and 11 marlas in Village Bonakoot and out of the said land, approximately 160 kanals and 19 marlas are under various types of encroachment. It was also clarified by the Deputy Commissioner that the petitioners and the private respondents were not in illegal occupation of kahcharai land. It has also come in the report of the Deputy Commissioner, Bandipora, that survey No.4129/4108/67 is recorded as Shamilat land (Section 5), which is as good as proprietary land on pro-rata basis. In the report, the Deputy Commissioner has also indicated that the process for eviction of illegally encroached land is being undertaken in a phase-wise manner and all encroachments from kahcharai land/State land would be evicted accordingly. 4. While the report submitted by the Deputy Commissioner, Bandipora, was under examination of this Court, the official respondents filed their objections. It was disclosed by the official respondents that so far as Shamilat land measuring 02 kanals out of survey No.67-min, which has been acquired for widening of Bandipora-Gurez road is concerned, the petitioners were not in possession of the said land and, therefore, they have not been held entitled to any compensation. It was disclosed by the official respondents that so far as Shamilat land measuring 02 kanals out of survey No.67-min, which has been acquired for widening of Bandipora-Gurez road is concerned, the petitioners were not in possession of the said land and, therefore, they have not been held entitled to any compensation. It is submitted that the petitioners are not even recoded as co-sharers of Shamilat land (Section 5), which is subject matter of the writ petition. It is, however, submitted by the official respondents that the petitioners and the late father of the private respondents share a common ancestry and are co-sharers. With a view to have partition of Shamilat land on pro-rata basis, the petitioners had earlier filed a petition before Financial Commissioner, Revenue. The same has been entrusted by the Financial Commissioner to the Assistant Commissioner, Revenue, Bandipora, for disposal in terms of Section 118 of the Land Revenue Act, Samvat, 1996. 5. Having heard learned counsel for the parties and regard being had to the stand taken by the respondents in their objections as well as the status report, the facts that emerge are as under: 1. That the petitioners have not been found entitled to compensation for the land measuring 02 kanals falling under Survey No.67-min (Shamilat land) on the ground that the Shamilat land in the village is unpartitioned and the petitioners were not found in possession thereof; 2. That there is a big chunk of Shamilat Deh land (kahcharai) measuring 1618 kanals and 11 marlas situated in Village Bonakoot out of which approximately 160 kanals and 19 marlas is under various types of encroachment; 3. That there is also a big chunk of Shamilat land (Section 5) falling in Survey No.4129/4108/67 which is required to be partitioned amongst the land holders of the village on pro-rata basis; 4. That the Assistant Commissioner, Revenue, Bandipora, is already tasked by the Financial Commissioner to proceed with the partition of the Shamilat land in terms of Section 118 of the Land Revenue Act. 6. In view of the admitted position emerging from the pleadings of the parties and the documents on record, this petition is disposed of by providing as under (I) The challenge of the petitioners to the impugned order of consideration passed by the Deputy Commissioner, Bandipora, dated 21.01.2020 is found to be devoid of any merit and, therefore, rejected. 6. In view of the admitted position emerging from the pleadings of the parties and the documents on record, this petition is disposed of by providing as under (I) The challenge of the petitioners to the impugned order of consideration passed by the Deputy Commissioner, Bandipora, dated 21.01.2020 is found to be devoid of any merit and, therefore, rejected. (II) The Deputy Commissioner, Bandipora, and the revenue officers subordinate to him shall ensure that the illegally encroached kahcharai land approximately 160 kanals and 19 marlas in Estate Bonakoote is retrieved after evicting the unauthorized occupants. The entire exercise of evicting the unauthorized occupants must conclude within a period of six months from the date a certified copy of this order is served upon the Deputy Commissioner, Bandipora. (III) The Assistant Commissioner, Revenue, Bandipora, who is seized of the proceedings of the partition of Shamilat Deh land in Estate Bonakoot, shall ensure that the proceedings undertaken by him are concluded within a period of six months and Shamilat land (Section 5) is partitioned on pro-rata basis in accordance with law. (IV) The compensation payable for the Shamilat land acquired by the Government shall depend upon the result of partition. The co-sharer, who is allocated the land which stands acquired, alone shall be entitled to receive compensation from the concerned Collector Land Acquisition.