Santosh Kumar v. Union of India through Secretary, Ministry of Railways, New Delhi
2022-04-05
RAJESH SHANKAR
body2022
DigiLaw.ai
JUDGMENT : At the request of the learned counsel for the petitioners, the defects, as pointed out by the office, are ignored. 2. The present writ petition has been filed for quashing the notices all bearing reference no. G/L and/Tata/22 dated 28.03.2022 (Annexure-3 series) issued by the respondent no.3- Senior Section Engineer, South Eastern Railway, Tatanagar whereby the petitioners have been directed to vacate the railway land by 04.04.2022 failing which necessary action will be taken by the Railway Administration. 3. Learned counsel for the petitioners submits that the petitioners are carrying on respective businesses for their livelihood near Star Talkies, Burma Mines, Jamshedpur, the details whereof are mentioned as under: Name of the petitioners Nature of Business Year of Inception Santosh Kumar Tea Stall set up by the father of the petitioner 1980 Ashish Pramanik Snacks Stall 1990 Md. Ojiar Safety item (Helmet, Shoes etc.) set up by the father of the petitioner 1985 Chandrashekhar Singh Grocery Store and Fast-Food Stall set up by the father of the petitioner 1970 Kajal Pramanik Small hotel selling Fast-Food set up by the father of the petitioner 1965 Mohammad Salauddin Small hotel selling Fast-Food 1977 Md. Kalam Small hotel selling Fast-Food set up by the father of the petitioner 1965 4. The main submission of the learned counsel for the petitioners is that though the petitioners have been carrying on their respective businesses at the said place for several decades, yet they have not been provided any opportunity of hearing to explain their respective cases before issuance of the impugned notices dated 28.03.2022. 5. Mr. Prashant Pallav, learned A.S.G.I. appearing on behalf of the respondents, on instruction, submits that the petitioners have illegally constructed respective stalls over railway land without any valid allotment from the concerned railway authority. It is, however, submitted that the formal eviction proceeding has not yet been initiated against the petitioners for their removal from respective places. 6. Keeping in view the said submission of learned A.S.G.I. particularly that no formal eviction proceeding has been initiated against the petitioners for their eviction from respective places/stalls and that they have claimed to be in occupation of the same for several decades, the competent authority of South Eastern Railway is at liberty to initiate an eviction proceeding against the petitioners and to take appropriate decision in accordance with law after providing due opportunity of hearing to the petitioners/their representatives.
Till the said decision is taken by the competent authority of South Eastern Railway, the petitioners shall not be evicted from their respective places/stalls. 7. The writ petition is disposed of with aforesaid liberty and direction.