RABARI HIRABHAI DEVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners four in number, by this petition under Article 226 of the Constitution of India praying for quashing and setting aside of the notification Annexure-C on the record of this Special Civil Application dated 1.10.1982.

(2.) In Kachchh, grazing of goats and sheeps was permissible in Banni area at one point of time. However, as this grazing of goats and sheeps in Banni area was adversely affecting, the residents who have other their cattle, Sarpanchs of several villages have made representations to the State of Gujarat to the effect that this category of cattle shall not be permitted grazing in the area aforesaid. After considering this aspect carefully in exercise of the powers as conferred under Rule 65 of the Gujarat Land Revenue Rules, Rules known as Banni (Kachchh) Area Grazing Rules, 1967 (hereinafter referred as the Rules, 1967) were framed. As a result of framing of these Rules,1967, grazing of goats and sheeps in the area concerned stood prohibited. The petitioners are not challenging the validity, illegality or propriety of these Rules at any point of time earlier to the filing of this Special Civil Application or in this Special Civil Application. Under the notification dated 17.8.1981 the Rules, 1967 were amended and as a result thereof grazing of goats and sheeps in the area concerned became permissible. Subsequently, it was found that because of grazing of goats and sheeps in the area concerned, growth of grass is being adversely affected, and therefore, it is decided to again amend the Rules, 1967. Accordingly the said Rules were restored to its original position as it were existing prior to this amendment, which have been done under the impugned notification.

(3.) This petition is contested by the respondents by filing reply to the same.