WP(C) 1395/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. TJ Mahanta, learned counsel for the petitioners and Mr. RK Bora, learn ed Addl. G. A., Assam. The grievance as projected in this petition by a batch of writ petitioner intera lia is that they are in occupation of the Govt. land covered by Dag No. 450/451 and 120 under the Kaliabor Revenue Circle situated at Kuthuri Kisamat and cult ivating there in the respective areas but the respondent authorities has threate ned the petitioners for eviction in order to settle the land with the Assam Fore st Protection Force ( AFPF) for establishment of Camp and in the process. Henc e they have approached this court for necessary relief. Upon calling for instruction from the court, Mr. Bora, learned GA has obtained n ecessary instruction from the SDO (Civil) Kaliabor. From the said instruction, i t is submitted by Mr. Bora that the land in question is factually a recorded as reserved one for grazing ground and petitioners are cultivating the said grazin g land unauthorized manner. While the matter was taken up for initiating de-rese rvation procedure for allotment of the area measuring 200 Bighas for the AFPF, t he cultivators were notified calling for objection, if any. After completion of the hearing the matter was forwarded to the Deputy Commissioner, Nagaon for ta king necessary action. While the matter rested at this stage, the petitioners ha ve filed this writ petition. Since the land is recorded as grazing ground in order to allot such land it is t he condition precedent that such land first should be de-reserved by following t he procedure as prescribed under the law. It appears that the Deputy Commission er has started such proceedings and it is also equally true that any land reser ved for grazing ground no outsider or individual are permitted to cultivate th e area or encroach the said land. Since the matter is pending before the Deputy Commissioner, Nagaon, upon initiation for de-reservation procedure, this petitio n is disposed of with the direction that the authority shall not allot the afore said land in favour of the AFPF without following due procedure for de-reservat ion and only after completion of such de-reservation procedure, the authority i s entitled to allot/settle the land mentioned in favour of the AFPF, Battalion. With this observation and direction, this writ petition stands closed.