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2025 DIGILAW 651 (JHR)

Anwar Hussain Son of Late Abdul Gafur v. South Eastern Railways

2025-02-27

RAJESH SHANKAR

body2025
ORDER : RAJESH SHANKAR, J. The present writ petition has been filed for quashing the notice dated 29.01.2024 (Annexure-7 to the writ petition) issued by the respondent no. 5 whereby the petitioners have been directed to vacate plot no. P/1/RMT from the railway premises within a period of 30 days from the receipt of the said notice. 2. Reference may be made to order dated 04.02.2025 which reads as under: 1. Learned counsel for the petitioners, in course of argument, refers to paragraph nos.16 & 17 of the writ petition which read as under: “16. That it would not be out of place to mention here that in order to allow widening of the road and on request of the respondent no.2, the petitioners already handed over the land to the extent as required for the purpose of widening of road and the road has been constructed as per the map. Photocopy of the map is annexed hereto and marked as Annexure-8 . to this application 17. That it is stated that the portion of the land on which the petitioners are running the shop is not required by the respondents. Even the other shopkeepers, adjacent to the shop of the petitioners have not been asked to vacate the land. Rather, those persons are still under consideration for the same.” 2. Mr. Anil Kumar, learned A.S.G.I., appearing on behalf of the respondents p rays for two weeks’ time to file counter affidavit responding the aforesaid statements. 3. Considering the said prayer, put up this case under the same heading after two weeks. 3. A counter affidavit has been filed on behalf of the respondents. 4. Mr. Anil Kumar, learned A.S.G.I. refers to paragraph nos. 18, 19 and 26 of the counter affidavit which read as under: “18. That in reply to the statement made at para -16 of the writ petition under reply it is stated that Railway had already widened the road as the petitioners had already handed over the land to the extent as required for the purpose of widening. 19. That in reply to the statement made at para-17 of the writ petition under reply it is stated that Railway has issued notice to shopkeepers to vacate the land as per Railway Administration requirement and presently no fresh notice has been issued to vacate the land. 26. 19. That in reply to the statement made at para-17 of the writ petition under reply it is stated that Railway has issued notice to shopkeepers to vacate the land as per Railway Administration requirement and presently no fresh notice has been issued to vacate the land. 26. That in reply to the statement made at para 4 and 5 of supplementary affidavit of the writ petition under reply it is stated that as per the requirement of land, notices were issued by the railway to the petitioners on 29.01.2024 & 27.02.2024. Railway had widened the road as the petitioners had already handed over the land to the extent as required for the purpose of widening. Railway Administration had issued notices to the shopkeepers to vacate the land as per Railway Administration requirement and presently no fresh notice has been issued for vacating the land.” 5. It is thus submitted by learned A.S.G.I. that at present, no further land on which the petitioners are in possession is required by the railways. 6. Considering the aforesaid statements made in the counter affidavit as well as the submission of learned A.S.G.I., there is no need to further proceed in the present matter. 7. The writ petition is accordingly disposed of. 8. I.A. No.2026 of 2025 also stands disposed of accordingly.