Page No.# 1/6 GAHC010015552025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/4/2025 MUKUT CHANDRA DEKA S/O- LATE KRISHNA KANTA DEKA, R/O- VILL.- MADHAB DEB NAGAR, P.O. MALIGAON, GUWAHATI, P.S. JALUKBARI, KAMRUP(M), PIN- 781011. VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE SECRETARY HOME AND POLITICAL DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-6. 3:THE DISTRICT COMMISSIONER KAMRUP AMINGAON DIST. KAMRUP ASSAM PIN- 781031. 4:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON DIST. KAMRUP ASSAM PIPN- 781031. 5:THE CIRCLE OFFICER Page No.# 2/6 HAJO REVENUE CIRCLE HAJO DIST. KAMRUP ASSAM PIN- 781102. 6:THE OFFICER-IN-CHARGE HAJO POLICE STATION DIST. KAMRUP ASSAM PIN- 781102. 7:SMTI DIPANDITA DEKA D/O- SMTI KALYANI DEKA VILLAGE 2 NO. DALIBARI P.O. DADARA P.S. HAJO KAMRUP PIN- 781104. 8:SMTI. KALYANI DEKA (RETIRED SCHOOLTEACHER) W/O- LATE SACHINDRA BAISHYA VILLAGE 2 NO. DALIBARI P.O. DADARA P.S. HAJO KAMRUP PIN- 781104. 9:SMTI. RIJU BAISHYA W/O- SHRI BIPUL DEKA VILLAGE PACHARIA HOWRAPARA P.S. HAJO KAMRUP PIN-781104. 10:SMTI BHUPALI BAISHYA D/O- SMTI. KALYANI DEKA VILLAGE 2 NO. DALIBARI P.S. HAJO PIN- 781104. 11:VIKASH BAISHYA S/O- LATE SACHINDRA BAISHYA VILLAGE 2 NO. DALIBARI P.S. HAJO PIN- 781104 Page No.# 3/6 For petitioner/appellant(s) : Mr. M. Bhagabati, Advocate For respondent(s) : Ms. N. Bordoloi, SC, Revenue Mr. S. Baruah, Jr., GA – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 21.05.2025 (Vijay Bishnoi, CJ) This PIL petition is filed by the petitioner seeking the following relief:- “In the premises aforesaid it is therefore respectfully prayed that Your Lordships would be graciously pleased to admit this application, call for the record, issue a Rule calling upon the respondent authorities to show cause as to why a Writ in the nature of Mandamus/Certiorari or any other appropriate Writ, order or Direction shall not be issued- 1. To take appropriate measures for removing the marriage pandal erected over the Cattle Grazing Ground, Dalibari, Hajo and 2. To take further other measures to stop and evict all illegal encroachments made over the Cattle Grazing Ground, Dalibari, Hajo. 3. To take appropriate measures for keeping the Cattle Grazing Ground and adjacent Water Bodies preserved only for the purpose of the Cattle Grazing Ground and peaceful habitation of aquatic birds. In the interim Your Lordship may be please to direct the District Commissioner, Kamrup Amingaon and the Officer In-charge, Hajo Police Station to take appropriate measures for removing the marriage pandal erected over the Cattle Grazing Ground, Dalibari, Hajo and disallow holding of the aforesaid marriage on 29/01/2025 in the land belonging to the Cattle Grazing Ground.” It is noticed that earlier one Pankaj Lochan Baishya, has preferred a PIL No.16/2021, before this Court claiming the similar relief as prayed for in this PIL petition. The said PIL was disposed of by the Division Bench of this Court vide Page No.# 4/6 order dated 26.03.2021, directing the District Commissioner, Kamrup to look into the grievance of the petitioner and after giving notice to all the concerned parties, passed appropriate orders in accordance with law, if need be, the orders of eviction, if the same is required. The order passed by the Division Bench of this Court in PIL 16/2021 is reproduced here under:- “Heard Mr. M. Bhagabati, learned counsel for the petitioner. Also heard Ms. N. Bordoloi, learned standing counsel, Revenue Department, appearing for the respondent Nos.1 & 5, Mr. K.P. Pathak, learned standing counsel, Forest Department, appearing for the respondent No.2, Mr. H.K. Hazarika, Junior Government Advocate, Assam, appearing for the respondent Nos.3, 6, 7 & 8 and Mr. M. Nath, learned standing counsel, Panchayat & Rural Development Department, appearing for the respondent Nos.4 & 9. The petitioner before this Court by means of this public interest litigation has brought to the notice of this Court that the Government Reserve Cattle Grazing Ground situated at Village - Dolibari, Hajo in the District of Kamrup, which are reserved for a particular purpose, have been encroached upon and now even a Community Centre is being made on the Grazing Ground. A categorical statement has further been made that this Grazing Ground has not been de- reserved as yet. Under the law presently applicable in the State of Assam, Grazing Grounds are to be used only for the purposes for which they have been earmarked, i.e. for grazing of cattle of the villagers. In case there is an encroachment on the Grazing Ground, the same has to be removed. We, therefore, direct disposal of the present petition by directing the Deputy Commissioner, Kamrup to look into the grievance of the petitioner and that after giving notice to all the concerned parties, pass appropriate orders in accordance with law, if need be, the orders of eviction, if the same is required.” Now the petitioner has raised the grievance that despite passing of the order in the earlier PIL on 26.03.2021, the State authorities has not taken any action and the cattle grazing ground in question is being used for commercial purposes for arranging marriages and other programmes. An affidavit-in-opposition is filed on behalf of the District Commissioner, Kamrup, wherein, it is mentioned that pursuant to the order passed by this Court on 26.03.2021 in PIL No.16/2021, the prohibitory order under Section 163 Page No.# 5/6 of the BNSS has already issued on 07.02.2025. The copy of the prohibitory order is annexed with the affidavit-in-opposition as Anneuxure-A, which is reproduced here under:- “Government of Assam OFFICE OF THE DISTRICT MAGISTRATE KAMRUP;;;AMINGAON MAGISTRACY BRANCH Ph 0361-2684404 E-mail: dc-kamrup@nic.in Fax: 0361-2684405 Prohibitory Order u/s 163 NBSS whereas, the Hon'ble Gauhati High Court has, in its order dated 26.03.2021 in PIL/16/2021, directed the preservation of Government Reserve Cattle Grazing Grounds in Kamrup District and has taken note of instances of unauthorized community activities and encroachment upon such lands, AND whereas, these activities not only degrade the environment but also deprive the local communities of their rightful access to these vital resources, thereby disrupting the rural economy and pastoral livelihoods; AND Whereas, the maintenance of these grazing grounds is essential for the ecological balance and the agrarian economy of the region; Now, therefore, I, Shri Deba Kumar Mishra, ACS, District Magistrate, Kamrup, in exercise of the powers conferred upon me under section 163 of Bharatiya Nagarik Suraksha Samhita, 2023, do hereby issue the following prohibit the following in respect of Government Reserve Cattle Grazing Grounds within the territorial limits of Kamrup District; Prohibition of Community Activities: Conduct of/all any forms of community activities, including but not limited to events and religious ceremonies, constructions of any kind. Prohibition of Encroachment: Any encroachment, unauthorized construction, or change of land use on the said grazing grounds is strictly prohibited. The traditional rights of local communities to graze their cattle on these designated lands shall remain protected and undisturbed, subject to regulations that may be framed for the sustainable use of the grazing grounds. Violation of this promulgation will be punishable under section 223 of BNS and any other existing relevant provisions of law. The Superintendent of Police, Kamrup shall ensure implementation of this order in letter and spirit. As circumstances do not admit of serving of a notice upon any individual(s) or organization(s), as provided u/s-153 BNSS, this order is being passed ex-parte as Page No.# 6/6 envisaged U/S 163(2) BNSS. Given under my hand and seal on this 7th Day of February, 2025. Signed by Deba Kumar Mishra Date:07.02.2025 Kamrup, Amingaon” In view of the fact that the prohibitory order under Section 163 BNSS has already been issued by the District Magistrate, Kamrup, no further order is required to be passed in this PIL petition. However, it is expected that the respondents shall act to remove the encroachment any made on the cattle grazing ground as directed by this Court in PIL No.16/2021 decided on 26.03.2021. With these observations, the PIL petition is disposed of. JUDGE CHIEF JUSTICE Comparing Assistant