Gauhati High Court
Pran Krisna Ghosh And 4 Ors vs The State Of Assam And 2 Ors on 25 January, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/5
GAHC010012212019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 261/2019
1:PRAN KRISNA GHOSH and 4 ORS.
S/O- LATE ANIL GHOSH, R/O- NATUN BAZAR, TARAMIL PATH, P.O- HOJAI,
DIST- HOJAI, PIN- 782435, ASSAM
2: SREE RABI GHOSH
S/O LT. SUBAL GHOSH R/O NAGENDRA NAGAR
P.O. HOJAI DIST. HOJAI PIN - 782435
ASSAM
3: SRI SWAPAN DAS
S/O LT. DEBENDRA DAS R/O PUB DHANI RAM PATHAR BARA BASTI P.O.
HOJAI DIST. HOJAI
ASSAM PIN - 782435
4: SMTI. SANKARI DAS
W/O LT. SUBHAS CHANDRA DAS R/O KRISHNA NAGAR
WARD NO. 9
P.O. HOJAI DIST. HOJAI
ASSAM
PIN - 782435
5: SRI JIBAN KRISHNA GHOSH
S/O LT. ANIL GHOSH R/O NATUN BAZAR
TARAMIL PATH
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
VERSUS
1:THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMMISSIONER AND SECRETARY GOVT OF ASSAM,
REVENUE DEPTT., SETTLEMENT, DISPUR, ASSAM
Page No.# 2/5
2:THE DEPUTY COMMISSIONER
DIST. HOJAI
ASSAM
3:THE ESTATE OFFICER
N.F. RAILWAYLUMDING
DIST. HOJAI
ASSA
Advocate for the Petitioner : MRS N SAIKIA
Advocate for the Respondent : SC, REVENUE
Linked Case : WP(C) 4087/2017
1:PRAN KRISNA GHOSH and 4 ORS.
S/O- LATE ANIL GHOSH
R/O- NATUN BAZAR
TARAMIL PATH
P.O- HOJAI
DIST- HOJAI
PIN- 782435
ASSAM
2: SREE RABI GHOSH
S/O LT. SUBAL GHOSH R/O NAGENDRA NAGAR
P.O. HOJAI DIST. HOJAI PIN - 782435
ASSAM
3: SRI SWAPAN DAS
S/O LT. DEBENDRA DAS R/O PUB DHANI RAM PATHAR BARA BASTI P.O.
HOJAI DIST. HOJAI
ASSAM PIN - 782435
4: SMTI. SANKARI DAS
W/O LT. SUBHAS CHANDRA DAS R/O KRISHNA NAGAR
WARD NO. 9
P.O. HOJAI DIST. HOJAI
ASSAM
PIN - 782435
5: SRI JIBAN KRISHNA GHOSH
Page No.# 3/5
S/O LT. ANIL GHOSH R/O NATUN BAZAR
TARAMIL PATH
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435.
VERSUS
1:THE STATE OF ASSAM and 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY GOVT OF ASSAM
REVENUE DEPTT.
SETTLEMENT
DISPUR
ASSAM
2:THE DEPUTY COMMISSIONER
DIST. HOJAI
ASSAM
3:THE ESTATE OFFICER
N.F. RAILWAYLUMDING
DIST. HOJAI
ASSAM
Advocate for the Petitioner : MRS.P GOSWAMI
Advocate for the Respondent : DR.B N GOGOI
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 25.01.2019 Heard Mr. N. Saikia, learned counsel for the applicants. Also heard Mr. Sarif Ullah, learned counsel appearing on behalf of Dr. B.N. Gogoi, learned standing counsel for the NF Railway, who submits that the standing counsel for the NF Railway is out of station for his medical treatment and is on leave till 30.01.2019. Also heard Mr. B. Deuri, learned Govt. Advocate for the State respondent.
2. By this interim application, the applicants have prayed for stay of eviction by virtue of Page No.# 4/5 order dated 28.12.2018, passed by the Estate Officer, NF Railway, Lumding.
3. It is seen that on an earlier occasion, the Estate Officer had issued an eviction notice against the applicants and accordingly, this Court by order dated 21.07.2017, passed in WP(C) 4087/2017 and other connected cases had directed as follows:
"It is provided that the possession of the petitioners over the land shall not be disturbed by the respondent without following the due process of law."
4. Thereafter, the Estate Officer had issued another eviction notice on 20.11.2018, which were responded to by the applicants and thereafter, they approached this Court by filing I.A. (C) 4309/2018 and this Court by order dated 04.01.2019, had passed the following order:
"In view of above and considering the pendency of WP(C) 4087/2017, show cause notice dated 20.11.2018 shall remain stayed till the disposal of WP(C) 4087/2017 and would be subject to the outcome of the said writ petition."
5. Thereafter, the date of hearing under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 was fixed on 18.12.2018 and it is projected that on 18.12.2018, the applicants were present before the Estate Officer and had submitted their relevant documents. However, by order dated 28.12.2018, the Estate Officer has recorded that the applicants were absent at the time of hearing on 18.12.2018 and accordingly, ordered their eviction.
6. Having considered the materials on record, this Court is of the prima-facie view that the Estate Officer, NF Railway, Lumding has failed to adhere to the previous order passed by this Court and he is repeatedly issuing eviction notice without complying with the direction of this Court vide order dated 23.12.2016 in the connected writ petition and subsequent order referred hereinabove. Accordingly, this Court is inclined to suspend the impugned order dated 28.12.2018, passed by the Estate Officer, NF Railway, Lumding in the matter of eviction Page No.# 5/5 of Sri Bhola Bhowmik and 16 others for their eviction from the land described in Form- B.
7. It is further made clear that this order shall not be a bar for the authorities to decide the core question for determination in the connected writ petition as to whether the land in question actually belongs to the Govt. of Assam or it is a Railway's land as directed by order dated 23.12.2016 mentioned hereinbefore.
8. This interim shall continue till the next date fixed.
9. As the respondents are duly represented by their learned standing counsel/ State counsel, extra copy of this application may be provided to them in course of the day today.
10. List on 11.02.2019.
JUDGE Comparing Assistant