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2022 DIGILAW 617 (GAU)

MANASH RANJAN PATHAK v. The Union Of India, rep. By The Secretary To The Ministry Of India Railway

2022-06-10

M.R.PATHAK

body2022
ORDER : 1. Heard Mr. P. Das, learned counsel appearing on behalf of Mr. S. Kalita, learned counsel for the petitioner and Mr. B. Sarma, learned Standing counsel, NF Railways for the respondent Nos. 1 to 7. Also heard Mr. J. Handique, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 8 and 9 as well as Ms. S. Sarma, learned Government Advocate, Assam for the respondent Nos. 10 to 12. 2. Petitioner claimed that he purchased a plot of 4th Class Basti land measuring 1 Katha 5 Lechas (3.34 Are) of Dag No.353(new)/147(old) of Patta No.183(new)/30(old) by Registered Sale Deed at Village -Maz Jalukbari, Mouza -Jalukbari in the District of Kamrup (Metro) with due sale permission dated 28.01.2016 issued by the Deputy Commissioner, Kamrup (Metro) Guwahati in its Land Revenue Branch. 3. It is also submitted that for purchasing the said land, the petitioner also obtained approval from the authorities of the GMDA on 07.04.2016. After such purchase of land, name of the petitioner has been mutated in the Jamabandi of the concerned Patta. But the Estate Officer, NF Railways earlier issued eviction notice on 27.07.2020 under Sub Section 1 of Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 relating to Plot No.3, Plan No.T/02/2020 at Km 172/9 – 173/0 near RUB 752 Amingaon. 4. Against the same, the petitioner submitted his reply before the Estate Officer, NF Railways on 21.08.2020 for which hearing was fixed on 25.11.2020. 5. Petitioner through RTI obtained the relevant information regarding the land occupied by him and the respondent Railways on 30.09.2020 provided him with all the relevant information. With regard to the said eviction notice dated 27.07.2020 issued under Section 4 (1) of the said 1971 Act, the petitioner approached this Court by way of a writ petition being WP(C) No. 122/2021, wherein the Court by order dated 18.01.2021 directed the parties to the said proceeding to maintain status quo as regards the land under the possession of the petitioner, which is still in force and the said WP(C) No. 122/2021 is pending for disposal. 6. 6. It is submitted by the petitioner that subsequent to that, the Estate Officer, NF Railways again issued an eviction notice on 17.02.2021 in Eviction Case No. EO/MLG/139/2020 under Section 8 of the said 1971 Act with corrected and amended schedule showing that the petitioner is in unauthorized occupation of Plot No.2 Plan No.T/02/2020 at Km 172/9-173/0 near RUB 752 under Cadastral Dag No.-Certified Land Plan (Sheet No.82) of Village – Middle Jalukbari, Mouza – Jalukbari, Kamrup (Metro), Guwahati, Assam measuring an area of more or less 160.00 Sqm bounded by North -Railway Land, South -Railway Land, East -Railway Track and West -Private Land. 7. Petitioner submitted his reply on 22.08.2021 and the Estate Officer, NF Railways by order dated 17.02.2021, issued under Section 5(1) of the said 1971 Act in Eviction Case No.EO/MLG/139/2020, directed the petitioner to vacate the said premises within a period of 15 days from the date of receipt of the said order informing him further that if he fails to comply with the said order within the said specified period, he and all his persons concerned shall be evicted from the said premises, if needed, by using force, as may be necessary. 8. It is submitted by the petitioner that the land occupied by him against which the respondent Railways have issued the eviction order on 17.02.2021 does not belong to the Railways and it is a patta land as such, only after proper demarcation of said land specified in the eviction order dated 22.01.2021 issued under Section 8 of the said 1971 Act, (Annexure 13 to this petition), the Railway authorities after proper demarcation should have issued the impugned notice dated 17.02.2021. 9. Though the petitioner stated that after purchase of said 1 Katha 5 Lechas of land in respect of Dag No.353, Patta No. 183 at village -Maz Jalukbari, Mouza -Jalukbari under Guwahati Revenue Circle and also annexed a copy of the Jamabandi relating to village -Maz Jalukbari as Annexure -2. But from the same it can be seen that said Jamabandi relates to Patta No.163 and not that of Patta No.183. 10. The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 that came into force w.e.f., 16.09.1958 has been enacted to provide for the eviction of unauthorized occupants of public premises and for certain incidental matters. 11. But from the same it can be seen that said Jamabandi relates to Patta No.163 and not that of Patta No.183. 10. The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 that came into force w.e.f., 16.09.1958 has been enacted to provide for the eviction of unauthorized occupants of public premises and for certain incidental matters. 11. After such eviction order passed by the concerned Estate Officer, the aggrieved person may prefer an appeal as provided under Section 9 of the said 1971 Act. 12. The concerned appellate authority is required to address the grievances of any such aggrieved person against the order of eviction issued by the concerned Estate Officer. 13. The petitioner instead of preferring an appeal against the eviction order dated 17.02.2021 issued by the concerned Estate Officer, NF Railways in Eviction Case No.EO/MLG/139/2020 has preferred this writ petition on 01.03.2021 praying amongst others for setting aside the said eviction order dated 22.01.2021 as well as eviction order dated 17.02.2021 both issued by the concerned Estate Officer, NF Railways under the provisions of the said 1971 Act and further to protect his interest regarding right, title interest and possession of said land involved in the case. 14. The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is a complete Act and any such aggrieved person, regarding the eviction order issued by the concerned Estate Officer, NF Railways has remedy under the said Act itself. 15. Since the said 1971 Act provides a statutory provision for preferring an appeal against the order of the Estate officer, this Court is not inclined to exercise its power conferred under Article 226 of the Constitution of India to interfere with any such order of eviction issued by the Estate Officer, NF Railways under Section 4 and 8 of the said 1971 Act. 16. It is submitted before the Court that the prescribed period of limitation in preferring appeal against the impugned eviction order dated 17.02.2021 passed by the Estate Officer, N.F. Railways has already expired since the petitioner has approached this Court in the present writ proceeding. 16. It is submitted before the Court that the prescribed period of limitation in preferring appeal against the impugned eviction order dated 17.02.2021 passed by the Estate Officer, N.F. Railways has already expired since the petitioner has approached this Court in the present writ proceeding. Though such period of limitation prescribed under the Statute cannot be extended/enlarged, however, as the petitioner has approached the wrong forum, in the interest of justice, 7 (seven) days time is granted to him to approach the appropriate forum against the order of the Estate Officer, N. F. Railways dated 17.02.2021, passed in Eviction Case No.EO/MLG/139/2020. The respondents in the N. F. Railways are directed not to take any coercive action against the petitioner within this period of 7 (seven) days from today with regard to said eviction order dated 17.02.2021. 17. It is made clear that as provided in Section 9 of the said 1971 Act, the petitioner while preferring an appeal may also pray before the appellate authority for stay of the impugned eviction order dated 17.02.2021, passed in Eviction Case No.EO/MLG/139/2020. 18. In the event of filing any such appeal by the petitioner before the appropriate forum under Section 9 of the said 1971 Act, needless to say that the concerned appellate authority shall consider the same in accordance with law as provided under the provisions of said 1971 Act. 19. With the above observation and direction, this writ petition stands disposed of.