SANDHIRAM MAHAJAN Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS petition arises out of orders passed by the Deputy Commissioner and Additional Deputy Commissioner, Kamrup with a view to evicting petitioners from their 'Khutis' in Marasarudiya and Gardhiyarchar which form parts -of a Grazing Reserve.

(2.) A professional grazing reserve known as Kurihamari Grazing Reserve is situate in Mouza Pub -Barkhetri within the Nalbari Circle in the Kamrup District. This grazing reserve admittedly is an unclassed state forest. The case for the petitioners is that they are professional graziers and they have been grazing their cattle in the Khurihamari grazing reserve with their Khutis in Marasarudiya and Gardhiyarchar areas of the reserve for 10 or 12 years. The Deputy Commissioner on 1 -5 -1343 earmarked those areas for their 'Khutis' They have been paying grazing fees from year to year and obtained permit also for the current year which commenced from 1 -7 -1952. The permits admittedly are for grazing In Khurihamari Professional Grazing Reserve. They do not specify areas where 'Khutis' are located.

(3.) THE area of the reserve is 18,403 Bighas. The petitioners have been directed to shift from Gardhiyarchar and Marasarudiya to Duradhorachar. Duradhorachar had a large area. By his order of 29th August, the Additional Deputy Commissioner has also permitted the petitioners to approach the sub -divisional Officer, Nalbari in case instead of shifting to Duradhorachar they preferred going to Balachar, Gaypurdiya or Pahumarijara, other areas in the same reserve.