LAKSHMI CHOWHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned single Judge dated 7-9-93, passed in Civil Rule 1736/90.

(2.) We have heard Mr. R. L. Yadav, the learned counsel appearing for the petitioners-appellants and Mr. A.C. Sarma, the learned Addl. Sr. Govt. Advocate appearing for the State-respondents.

(3.) According to the petitioners/appellants by an order dated 7-1-67, the Under Secretary to the Govt. of Assam, Forest Department, directed the Conservator of Forest for settlement of two hundred Bighas of land to twenty-five families. on 26-7-79, the petitioners/appellants were also allotted two Bighas of land. To these thirteen persons, the Conservator of Forest further decided to allot another sixty-five Bighas of land i.e., five Bighas of land to each person and these thirteen persons wanted to have the land by taking possession of the same. On 21-9-79, the Divisional Forest Officer stayed this order and directed the Range Officer not to handover possession of the aforesaid lands. It is this order passed by the Divisional Forest Officer dated 21-9-79 contained in AnnexureD1 to the Civil Rule which has been challenged in the Civil Rule. The learned single Judge found that as on enquiry it was found that the proposed allotment and handing over possession of the lands would cause loss to the Reserve Forest and the action of the Division Forest Officer required no interference by the Court. The writ petition filed by the petitioners/appellants was, therefore, dismissed.