WP(C) 627/2006 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA I have heard Mr. R. Ali, learned counsel for the petitioners as well as Ms. R. C hokraborty, learned Addl. Sr. Govt. Advocate. The petitioners are aggrieved by Annexure-3 order dated 30.01.06 by whic h Revenue Appeal being No. 5 R.A. (BNG)/2006 has been dismissed without admiss ion. The aforesaid appeal was filed against the Annexure-I notice dated 02.01.20 06 issued by the S.D.O. (C), Bijni. By the said notice, a proposal to dereserve a village grazing land under Section 13 of Assam Land and Revenue Regulation was notified. It was stipulated in the notice that the land specified in the schedu le would be dereserved and that the plan is open to inspection at the office of the SDO. It was also notified that any person having any objection to the said p roposal could raise objection in writing. According to the petitioners, they were not aware of the said notice. Ho wever, they collected the copy of the said notice from the SDO office, Bijni and thereafter preferred the aforesaid appeal which has been dismissed without bein g admitted by the aforesaid impugned order dated 30.01.06. The petitioners thems elves have stated that the land in question is a Govt. land reserved for the pur pose of gazing cattle of the inhabitants of Aulaguri village. However, it has be en contended that the petitioners being the inhabitants of the said village, hav e the right to graze their cattle in the particular plot of land and therefore t hey are not encroachers to the said land. According to the petitioners, the Assa m Board of Revenue on a misconception of the matter dismissed the appeal at the admission stage itself. In the counter affidavit filed by the respondent No. 2, it has been stat ed that the land in question is located in the village of Aulaguri and covered b y Dag No. 240 with an area measuring 107 Bighas, 7 Lechas under Bijni Mouza unde r the District of Bongaigaon. It has been stated that the entire area of land is a Village Grazing Reserve (VGR) out of which 90 Bighas of land was allotted for settling for ethnic violence affected families of 1993, but the said land have been unauthorisedly occupied by the villagers. In paragraph-9 of the counter affidavit, it has been stated that the lan d has been classified as VGR which implies that the land is meant for grazing ca ttle and any person occupying the said land will be taken as encroachers. It has been stated that the petitioners are illegal encroachers to the land. As regards the service of notice, it has been stated in the counter affi davit that the notice was duly served and circulated in proper procedure. In par agraph-16, it has been stated that the Govt. by following proper procedure appro ved the allotment of the land for rehabilitation of the families who are affecte d in ethnic violence which took place in the year 1993. The petitioners have not denied the aforesaid contentions raised in the counter affidavit filed by the respondent No. 2. Further as noted above, it is t he own stand of the petitioners that the land in question is a Govt. land reserv ed for the purpose of grazing of cattle. But it is their contention that they be ing the inhabitants of Aulaguri village, have a right to graze their cattle in t he particular plot. In this connection, Govt. has issued Annexure-I notification dated 02.01.2006 no tifying the proposal for dereserving the land as per plan which was open for ins pection for all. As per the said notice, objections were to be filed within one month from the date of publication of the notice. Admittedly, the petitioners did not file any objection. It is the policy decisio n of the Govt. to settle the particular land with the ethnic violence affect fam ilies for the purpose of which Annexure-I notice was issued. Admittedly, the lan d in question is a Govt. land. Only contention raised by the petitioners is that they being the inhabitants of the village, have the right to graze their cattle in the land. It is in this context, Assam Board of Revenue has passed the impug ned order dated 30.01.06. I see no reason to interfere with the same. In view of the above, the writ petition is disposed of providing that th e respondents may proceed with the matter in accordance with law. Interim order passed on 01.02.06 staying the operation of Annexure-I notice and the order date d 30.01.2006 passed by the Assam Board of Revenue, stands vacated.