Gauhati High Court
Page No.# 1/14 vs The State Of Assam And 6 Ors on 11 May, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/14
GAHC010089332022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3062/2022
BHOLA BHOUMICK AND 16 ORS.
S/O LT N ALINIKANTA BHOUMICK, R/O DAKHIN GOLAGHATIA BASTI,
P.O.-HOJAI, DIST-HOJAI, ASSAM, PIN-782435
2: RATAN PAUL
S/O LT. AMULYA PAUL
R/O KRISHNA NAGAR BELTOLA
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
3: SANTOSH KUMAR VERMA
S/O LT. ACHKHALAL VERMA
R/O NEW MARKET
NEAR KRISHNA MANDIR BELTOLA
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
4: VIJOY KUMAR PRASAD
S/O LT. RAMEAKBAL PRASAD
R/O KRISHNA NAGAR NEAR HANUMAN MANDIR
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
5: ON THE DEATH OF SRI MONORANJAN SAHA REPRESENTED BY HIS
SON NAMELY MONOJ SAHA
R/O KALIBARI ROAD
WARD NO. 5
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
6: DAYASANKAR THAKUR
S/O RISHIDEVO THAKUR
R/O LALPATTY WARD NO. 6
P.O.-HOJAI
Page No.# 2/14
DIST-HOJAI
ASSAM PIN-782435
7: PRADIP CHANDRA DUTTA
S/O LT. RABINDRA CHANDRA DUTTA
R/O THAKURBARI ROAD KRISHNANAGAR
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
8: ON THE DEATH OF GOBINDA GHOSH REPRESENTED BY HIS SON
NAMELY SRI DIPAK GOSH
R/O SHIVBARI ROAD
WARD NO. 4
P.O.-HOJAI DIST- HOJAI
ASSAM PIN-782435
9: NILIMA BISWAS
W/O LT. KALIPADA BISWAS
R/O KRISHNA NAGAR
WARD NO. 10
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
10: BIPLOB SARKAR
S/O LT. RAMESH CHANDRA SARKAR
R/O SIVBARI ROAD
P.O.-HOJAI DIST- HOJAI
ASSAM PIN-782435
11: ON THE DEATH OF BANARASI PASWAN REPRESENTED BY HIS SON
NAMELY SRI SHIRJEE PASWAN
R/O LALPATTY
WARD NO. 6
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
12: DINABANDHU DEBNATH
S/O LT. MURARI MOHAN DEBNATH
R/O TELIBASTI
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
13: ON THE DEATH OF AJIT KUMAR PAUL REPRESENTED BY HIS SON
NAMELY SRI APURBA PAUL
R/O SANTINAGA
GOALGHATIA BASTI
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
Page No.# 3/14
14: JAYNATA GHOSH
S/O LT. MONORANJAN GHOSH
R/O SIVBARI ROAD
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
15: BIJU DUTTA
S/O LT. BINOY DUTTA
R/O BANK COLONY BISHNUPALLY
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
16: RANJIT DUTTA
S/O LT. ASHWINI KUMAR DUTTA
R/O GOBINDAPALLY
WARD NO. 8
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-782435
17: SHANKAR SAH
S/O RAJ NARAYAN SAH
R/O SHANKARPATTY R.B. LANE
P.O.-HOJAI DIST-HOJAI
ASSAM PIN-78243
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT
OF ASSAM, REVENUE SETTLEMENT DEPARTMENT, DISPUR, GUWAHATI-
781006
2:THE DEPUTY COMMISSIONER
HOJAI
P.S. AND DIST-HOJAI
ASSAM
PIN-782435
3:THE CIRCLE OFFICER
HOJAI REVENUE CIRCLE
P.S. AND DIST-HOJAI
ASSAM
PIN-782435
4:THE GENERAL MANAGER
NORTH EAST FRONTIER RAILWAY
MALIGAON SHUTTLE GATE ROAD
Page No.# 4/14
EAST MALIGAON
MALIGAON
GUWHAATI-781010
ASSAM
5:THE ESTATE OFFICER
N.F. RAILWAY
LUMDING
DIST-HOJAI
ASSAM
PIN-782435
6:THE DIVISIONAL ENGINEER
N.F. RAILWAY
LUMDING
DIST-HOJAI
ASSAM
PIN-782435
7:THE UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF RAILWAY
RAIL BHAWAN
NEW DELHI
PIN-11000
Advocate for the Petitioner : MR. A A R KARIM
Advocate for the Respondent : SC, REVENUE
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
11-05-2022 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioners and Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department for the respondent No.1. Also heard Mr. R. Talukdar, learned Government Advocate, Assam for the respondent Nos. 2 & 3 as well as Mr. R. K. Dev Choudhury, learned Assistant Solicitor General of India for the respondent Nos. 4 to 7.
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2) The Estate Officer, NF Railway, Lumding in the Divisional Railway Manager (Works), respondent No.5 issued the Communication No. W/212/LM/1/W-4 dated 05.05.2022 (Annexure-7 to this writ petition) informing the Deputy Commissioner, Hojai, respondent No.2 that for development work, unauthorized encroachment of Railway land at Hojai Old Market Area is required to be evicted immediately and in that connection, proceeding against unauthorized encroachers as per the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the PPE Act, 1971) have already been completed and eviction programme was carried out on 19.04.2022 in presence of Magistrate, but the said eviction proceeding could not be completed because of paucity of time.
3) By the said communication dated 05.05.2022, the Estate Officer, NF Railway, Lumding requested the Deputy Commissioner, Hojai to provide assistance for eviction of the encroachers at Hojai Old Market Area on 11.05.2022 i.e., today and 12.05.2022.
4) By the said letter dated 05.05.2022, the Estate Officer, NF Railway, Lumding further requested the Deputy Commissioner, Hojai to depute one Magistrate along with sufficient armed forces and lady constable for maintaining law and order in the said area with intimation to the persons designated in the said letter.
5) The petitioners stated that they are in occupation of land at Hojai Old Market Area covered by Dag No.465 of Hojai Town, Mouza - Hojai under Hojai Revenue Circle of Hojai District since last several years and copy of the said Communication dated 05.05.2022 of the Estate Officer, NF Railway, Lumding, respondent No.5 was affixed around 08:00 PM on 09.05.2022 in the open place over the said land occupied by the petitioners.
6) Apprehending their eviction in terms of the said Communication dated 05.05.2022 of the Estate Officer, NF Railway, Lumding, respondent No.5 (Annexure-7), the petitioners herein, 17 in numbers, being aggrieved have preferred this writ petition praying amongst others to set aside/cancel/strike out the said letter dated 05.05.2022 of the said Estate Officer, NF Railway, Lumding.
7) The petitioners have filed this writ petition on 10.05.2022 around 11:10 AM and moved it as an unlisted matter on 10.05.2022 itself.
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8) During the deliberation of the matter from the Annexure-4 to this writ petition annexed by the petitioners, it was seen that a coordinate Bench of this Court by common judgment and order dated 28.01.2022 dismissed WP(C) No.7121/2021 (Bhola Bhowmick and 16 Others Vs. The State of Assam and Others) , that was preferred by the present petitioners and their predecessors-in-interest along with WP(C) No. 910/2016 (Sujit Kr. Ghosh and 11 others Vs. The State of Assam and Others), WP(C) No. 7766/2016 (Jagadish Prasad and 6 others Vs. The State of Assam and 4 others) and WP(C) No. 4087/2017 (Pran Krishna Ghosh and 4 others Vs. The State of Assam and 4 Others). Accordingly, the Court called for the records of those four writ petitions, noted above.
9) Further, the Court by order dated 10.05.2022 directed Mr. R. K. Dev Choudhury, learned ASGI representing the respondent Nos. 4 to 7 to place the relevant records and to apprise the Court as to when Notice under Section 4 (1) of the PPE Act, 1971 were issued to the petitioners by the concerned Estate Officer, as to when the concerned Estate Officer rejected the show-cause replies filed by the petitioners and as to when the petitioners were informed about rejection of their show-cause replies, if any, filed by them and fixed the matter on 11.05.2022 at 10:30 AM i.e., today.
10) Accordingly, the Registry placed the records of those four writ petitions, i.e., WP(C) No.7121/2021, WP(C) No. 910/2016, WP(C) No. 7766/2016 and WP(C) No. 4087/2017 which were dismissed on 28.01.2022, noted above.
11) Further, Mr. R. K. Dev Choudhury, learned ASGI placed the relevant records and documents as sought for by the Court on 10.05.2022 and placed before the Court that the petitioners are unauthorized occupants of land covered by Dag No. 465 of No.2 Kisamat, at Lat No. 05 of Hojai Town No.2, Mouza - Hojai under Hojai Revenue Circle of Sub-Division - Hojai in the District of Hojai, measuring 27 Bighas 2 Kathas 11 Lechas, that belongs to the Central Government in the Railways and that the Estate Officer, NF Railway, Lumding on 20.11.2018 issued and served Notice under Section 4 (1) of the PPE Act, 1971 upon the unauthorized occupants, including the petitioners, in the requisite Form-A, fixing 30.11.2018 as the date of hearing regarding such unauthorized occupation by them in the matter. As the unauthorized occupants, i.e., the petitioners herein did not appear in the hearing that was fixed on 30.11.2018, the concerned Estate Officer, NF Railway, Lumding re-fixed the said Page No.# 7/14 hearing on 18.12.2018. As those unauthorized occupants, on whom the notices under Section 4 (1) of the PPE Act, 1971 were duly served, even on 18.12.2018 did not appear, as such, the concerned Estate Officer, NF Railway, Lumding on 21.12.2018, informed those unauthorized occupants that since they did not appear before the said authority on the given dates, it fixed 28.12.2018 as the date for necessary order with regard to the notices under Section 4 (1) of the PPE Act, 1971 that were duly served upon them. Accordingly, the concerned Estate Officer, NF Railway, Lumding, on 28.12.2018 passed the order under Section 5 (1) of the PPE Act, 1971 in the requisite Form-B serving copies of the same to each of such unauthorized occupants, including the petitioners, specifying the respective schedule of land under their occupation.
12) With regard to the land involved in the case i.e., at Dag No.465 of Hojai Town, Mouza - Hojai under Hojai Revenue Circle, Sub-Division - Hojai, District -Hojai, the concerned Estate Officer, NF Railway, Lumding earlier issued show -cause notices under Section 4 (1) of the PPE, Act, 1971 to the petitioners and finding the petitioners as unauthorized occupants, necessary orders under the 1971 Act were passed against them by the Estate Officer, NF Railway, Lumding for their eviction from the said land against which, the petitioners preferred appeal under Section 9 of the PPE Act, 1971 before the learned District Judge, Nagaon, erstwhile district of Hojai, being Misc. Appeal No.42/2006 (Smti. Rakhi Ghosh Vs. Union of India and others) and Misc Appeal No.18/2015 (Sri Sujit Ghosh and Others Vs. Union of India and Others).
13) The concerned Appellate Court, i.e., the Court of the learned District Judge, Nagaon by its order dated 24.02.2011 while disposing of the said Misc Appeal No. 42/2006 directed the Estate Officer, NF Railway, Lumding to ascertain first as to whether the land in occupation of the appellant is in fact Railway's land and after satisfying himself in that regard, to issue notice afresh under Section 4 of the Act (PPE Act, 1971) affording opportunity to the appellant to produce documents and also evidence which she intends to produce in support of the claim and give personal hearing to her if the appellant so desires. By the said order dated 24.02.2011, the Appellate Court also directed that the Estate Officer, NF Railway, Lumding shall also follow the Mandates of Section 5 of the Act (PPE Act, 1971) and to specify the reasons in the notice of eviction for passing order of eviction against the appellant from Page No.# 8/14 the land in occupation, with further direction that the appellant shall not be evicted from the land in her occupation without compliance of Sections 4 and 5 of the Act (PPE Act, 1971) without giving her opportunity of hearing.
14) Further, the learned Additional District Judge, No.1, Nagaon by judgment dated 16.06.2015 allowed the Misc Appeal No. 18/2015 quashing the entire eviction proceeding and set aside the eviction orders issued by the concerned Estate Officer, NF Railway, Lumding directing the said Estate Officer to ascertain first whether the land in occupation of the appellants are in fact Railway's land or not and after ascertainment if the land is found to be Railway's land, then to start the eviction proceeding afresh as per procedure prescribed by law by maintaining proper record.
15) Thereafter, the petitioners approached the Commissioner and Secretary to the Government of Assam in the Revenue Settlement Department as well as Deputy Commissioner, Nagaon praying for settlement of said land of main market beyond Railway land boundary of Hojai Sub-Division, District-Nagaon, covered by Dag No.465 under Hojai Municipal Board.
16) As the respondents in the Revenue Settlement Department as well as the Deputy Commissioner, Nagaon did not consider their prayer for settlement of land covered by said Dag No.465 of No.2 of Hojai Town under Mouza - Hojai under Hojai Revenue Circle of Hojai Sub-Division, in the District of Hojai, the petitioners preferred a writ petition on 13.11.2015 being WP(C) No. 7121/2015 praying amongst others for a direction to the respondents therein namely, the Commissioner & Secretary to the Government of Assam in the Revenue Settlement Department; the Sub-Divisional Officer, Hojai and the Circle Officer, Hojai Revenue Circle, Hojai for issuance of settlement order in respect of said land of Dag No.465 in their favour with immediate effect and in the interim, prayed for a direction to the respondent No.4 therein, i.e., the Estate Officer, NF Railway, Lumding not to issue any eviction order against them.
17) Pursuant to the order dated 03.06.2019, passed in I.A.(C) No.507/2019, the Deputy Commissioner, Nagaon, Assam as well as the General Manager, NF Railway were impleaded as party respondent Nos. 5 and 6 in said WP(C) No. 7121/2015.
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18) It is seen from the records of WP(C) No. 7121/2015, that the Court on 26.11.2015, while issuing notice to the respondents observed that pendency of the case shall not be a bar to consider the petitioner's representation (regarding settlement of land involved in the case) in accordance with law.
19) Subsequent to that, the petitioners of said WP(C) No. 7121/2015 preferred an Interlocutory Application on 16.12.2016 being I.A.(C) No. 2276/2016 praying amongst others for a direction to the said respondent No.4 i.e., the Estate Officer, NF Railway, Lumding not to disturb their possession over the land under their occupation and not to evict them from the said land till disposal of said WP(C) No. 7121/2015.
20) The Court after hearing the learned counsels for the parties, by order dated 23.12.2016, disposed of said I.A.(C) No. 2276/2016 in said WP(C) No. 7121/2015, directing the Estate Officer, NF Railway, Lumding in the interim not to disturb the possession of the petitioners in the land and/or evict them from the land of Dag No.465 of Mouza-Hojai under Hojai Revenue Circle, Hojai bounded by in the East: Resident and shop of Mr. Panchanan Dutta and Mr. Mishras (patta land), West: Residence and market of Dr. Jashoda Baruah and Mr. Dadu Hazarika (patta land), North: Swarupananda Road and South: Station Road.
21) It is also seen that the present petitioners on 10.12.2018 preferred another Interlocutory Application in said WP(C) No. 7121/2015 being I.A.(C) No. 4221/2018 praying amongst others for a direction to the respondent No.4 therein, i.e., the Estate Officer, NF Railway, Lumding and the Railway authority not to take any further action on the basis of the show-cause notice dated 20.11.2018 issued by the Estate Officer to them under Sections 4 (1) and 4 (2) (b) (ii) of the PPE Act, 1971, since the matter is subjudiced and pending before the Court.
22) After hearing the learned counsels for the parties and considering the interim order dated 23.12.2016, passed in said I.A.(C) No. 2276/2016, noted above, the Court by order dated 18.12.2018 disposed of the said I.A(C) No. 4221/2018, preferred by the petitioners observing that the respondents may go ahead by deciding the matter relating to show-cause notice dated 20.11.2018, but the respondent No. 4 i.e., the Estate Officer, NF Railway, Lumding shall not disturb the possession of the petitioners in respect of the respective Page No.# 10/14 disputed land and/or evict the petitioners from the said land, the details of which are more fully mentioned in the said order dated 23.12.2016, passed in I.A.(C) No. 2276/2016.
23) Thereafter, the petitioners on 18.01.2019 preferred another Interlocutory Application being I.A.(C) No. 231/2019 in said WP(C) No. 7121/2015 praying amongst others for a direction to stay the eviction notice dated 28.12.2018, issued by the Estate Officer, NF Railway, Lumding, respondent No.4 under Section 5 (1) of the PPE Act, 1971 (Annexures - 7 to 23) (17 in numbers) since the matter is subjudiced and pending before the Court with the further prayer that those notices dated 28.12.2018 issued by the Estate Officer, NF Railway, Lumding being illegal and arbitrary are liable to be set aside and quashed.
24) The Court by order dated 25.01.2019, passed in said I.A.(C) No. 231/2019 suspended the said impugned order dated 28.12.2018 passed by the Estate Officer, NF Railway, Lumding in the matter of eviction of Sri Bhola Bhowmick and 16 others for their eviction from the land described in Form-B [notice served on all the petitioners under Section 5 (1) of the PPE Act, 1971] with the further direction that there shall not be a bar for the authorities to decide the core question for determination in the connected writ petition, (WP(C) No. 7121/2015) as to whether the land in question actually belongs to the Government of Assam or it is a Railway land as directed by the order dated 23.12.2016 (passed in I.A.(C) No. 2276/2016 in WP(C) No. 7121/2015).
25) In said WP(C) No. 7121/2015, both the Deputy Commissioner, Hojai, respondent No. 2 as well as the Estate Officer, NF Railway, Lumding filed their respective affidavits annexing the relevant land documents and placed before the Court that the entire land at Dag No. 465 of No.2 Kisamat measuring 27 Bighas 2 Kathas 11 Lechas Lat No. 05 of Hojai Town No.2 under Mouza - Hojai under Hojai Revenue Circle, Sub-Division - Hojai, District - Hojai is recorded in favour of the Government (Central Government) which implies that same does not belongs to the State Government and the respondent No.4 the Estate Officer, NF Railway, Lumding by placing the relevant documents showed that the said land of Dag No.465 belongs to the respondent Railways where the relevant land documents were signed jointly by the respondent Railways as well as State Civil authority.
26) In the said affidavit, the Deputy Commissioner, Hojai also clarified that as the entire Page No.# 11/14 land at Dag No.465 of No.2 Kisamat measuring 27 Bighas 2 Kathas 11 Lechas Lat No. 05 of Hojai Town No.2 under Mouza - Hojai under Hojai Revenue Circle, Sub-Division - Hojai, District - Hojai is recorded in favour of the Government (Central Government) and therefore, the said land recorded and belonging to the Central Government, cannot be settled with the petitioners as prayed for in said WP(C) No. 7121/2015. However, the petitioners did not file any rejoinder to the said affidavit of the Deputy Commissioner, Hojai filed in said WP(C) No. 7121/2015.
27) After hearing the learned counsels for the parties, the Court by common order dated 28.01.2022 disposed of said WP(C) No. 7121/2015 and other connected cases preferred by the petitioners holding that the writ petitions of the petitioners is misconceived and devoid of any merits, observing further that the respondent No. 4 (the Estate Officer, NF Railway, Lumding) would be at liberty to pass appropriate orders under the provisions of the Act of 1971 and thereupon may take appropriate steps as envisaged under the provisions of the Act of 1971 wherein the Court in paragraph Nos. 13, 14, 15 observed as follows:--
"13. At this stage, it may also be relevant to mention that a perusal of the representation dated 10/6/2014 for settlement as enclosed as Annexure-5 to the Writ Petition being W.P.(C) No. 7121/2015 would show that the said application is not in the format as prescribed under Rule 5 of the Rules under the Regulation of 1886. In the said representation what has been stated is that as per the settlement officer of Hojai Sub-Division, the plot of land covered by Dag No.465 is under reserved land and as such sought for issuance of settlement /allotment order. But the basis of the said application as it appears from the affidavit of the Respondent No. 2 is totally misconceived as the land in Dag No. 465 belongs to the Central Government (N.F. Railway) and as such the question of granting allotment/settlement by the Respondent State Authorities and more particularly the Respondent No. 2 do not arise at all. In that view of the matter, the instant Writ Petition is misconceived on the face of it.
14. Consequently, the writ petitions being devoid of any merits are dismissed. From the above, it would be seen that the land covered by Dag No. 465 being the land of the Central Government(NF Railway) would come within the definition of Public Premises as defined in Section 2 (e) of the Act of 1971. Consequently, the respondent No. 4 was justified in issuance of the notices under Section 4 of the Act of 1971. It further appears from the record that to the various show cause notices were issued under Section 4 of the Act of 1971 to which, the petitioners in the instant writ petition have also submitted their show cause reply. It also reveals from the record that no order has been passed to the said show cause notices issued under Section 4 of the Act of 1971 in view of the interim orders passed by this Court. As this Court has held that the writ petition filed by the petitioner is misconceived and devoid of any merits, the Respondent No. 4 would be at liberty to pass appropriate orders under the provisions of the Act of 1971 and thereupon may take appropriate steps as envisaged under the provisions of the Act of 1971.
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15. Before parting with the record and without in any manner affecting the right of the respondent Railway authorities to take steps in terms with the Act of 1971, it is observed that as the petitioners claims that they have earning their livelihood from their businesses carried out from the land in question, the Government of Assam may consider of taking steps for rehabilitation of the said petitioners subject to filing appropriate application under the provisions of law."
28) However, Mr. Barbhuiya, learned counsel for the petitioners from the said common judgment and order dated 28.01.2022 placed paragraph 5 wherein the Court observed about the various orders and observations made in different Interlocutory Applications filed in those writ petitions during pendency of those cases, wherein interim directions were issued and since those writ petitions were dismissed on 28.01.2022, therefore, such interim orders passed in those Interlocutory Applications automatically stood merged with the said final order dated 28.01.2022, having no bearing in the present proceeding.
29) Thereafter, the present petitioners preferred an appeal before the Hon'ble Division Bench of this Court being Writ Appeal No. 149/2022 against the common judgment and order dated 28.01.2022 passed in WP(C) No. 7121/2015 and the Hon'ble Division Bench after hearing the learned counsels for the parties disposed of the same by order dated 29.04.2022 with the following observations:--
"13. We are of the view that the said submission of the learned counsel for the appellants is in order as the Railways could not proceed with eviction without following due process as mentioned in the order of the learned District Judge, Nagaon as well as in the order of the learned Single Judge in terms of the provisions of the Act of 1971.
14. Accordingly, we close this appeal with the observation that any adverse action sought to be taken by the Railways will be subject to compliance of the mandate as provided under the Act of 1971 and after disposing of the show-cause replies submitted by the appellants as mentioned above. However, as observed by the learned Single Judge, the State of Assam may consider taking necessary steps for rehabilitation of the appellants subject to filing of appropriate application under the provisions of law.
15. It is made clear that our observation that Railways shall not take any coercive action will be of course subject to the condition that no action has already been taken and if already taken, the appellants can approach the appropriate forum for redressal of their grievances."
30) It is seen that the petitioners neither in said Writ Appeal No. 149/2022 as well as in the present writ petition did not state anything about the issuance and serving of Notice under Section 4 (1) of the said PPE Act, 1971 in the requisite Form-A on 20.11.2018 by the Estate Officer, NF Railways, Lumding, upon the unauthorized occupants, including the petitioners, as well as the order dated 28.12.2018 passed under Section 5 (1) of the PPE Act, 1971 in the Page No.# 13/14 requisite Form-B serving copies of the same to each of such unauthorized occupants, including the petitioners, specifying the respective schedule of the land under their occupation, passed by the said Estate Officer, which were the subject matters of I.A.(C) No. 4221/2018 filed by the petitioners disposed of on 18.12.2018 and the I.A(C) No. 231/2019 wherein the Court by order dated 25.01.2019 suspended the said order dated 28.12.2018 passed by the Estate Officer, NF Railway, Lumding in the matter eviction of Sri Bhola Bhowmick and 16 others, respectively, noted above.
31) It is also seen that said I.A(C) No. 231/2019 noted above, preferred by the petitioners was disposed of on 28.01.2022 in view of the common judgment and order passed by the learned Single Judge in said WP(C) No. 7121/2015 and 3 others connected writ petitions, noted above.
32) From the common judgment and order dated 28.01.2022 passed in WP(C) No. 7121/2015 and other connected matters and also the order dated 29.04.2022 passed by Hon'ble Division Bench in WA No. 149/2022 as well as the relevant records placed before the Court, noted above, it is apparent that land of Dag No. 465 of No.2 Kisamat measuring 27 Bighas 2 Kathas 11 Lechas Lat No. 05 of Hojai Town No.2 under Mouza - Hojai under Hojai Revenue Circle, Sub-Division - Hojai, District - Hojai does not belong to the State Government and therefore, the question of settlement of said land with the petitioners, which is under their wrongful occupation, cannot be considered.
33) It is to be noted herein that the petitioners after the disposal of the said WP(C) No. 7121/2015 on 28.01.2022 or after the order dated 29.04.2022, passed in said WA No. 149/2022 did not prefer any appeal under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 against the Notice under Section 4 (1) of the PPE Act, 1971 in the requisite Form-A were duly issued to the petitioners on 20.11.2018 and the order dated 28.12.2018 passed under Section 5 (1) of the PPE Act, 1971 in the requisite Form-B, both issued and passed by the concerned Estate Officer, NF Railways, Lumding.
34) From the affidavits filed by the Deputy Commissioner, Hojai as well as the Estate Officer, NF Railway, Lumding in said WP(C) No. 7121/2015 it is clear that the said land belongs to the Government (Central Government) under the authorities of the respondent Page No.# 14/14 Railways and since the Notice under Section 4 (1) of the PPE Act, 1971 in the requisite Form- A were duly issued to the petitioners on 20.11.2018 and the order dated 28.12.2018 passed under Section 5 (1) of the PPE Act, 1971 in the requisite Form-B, both issued and passed by the concerned Estate Officer, NF Railways, Lumding that were duly served upon the petitioners and further, considering the observation made by the Hon'ble Division Bench in paragraph 15 of the order dated 29.04.2022, passed in WA No. 149/2022, therefore, the Court is of the view that the Communication No.W/212/LM/1/W-4 dated 05.05.2022 issued by the Estate Officer, NF Railway, Lumding (Annexure - 7 to this writ petition) does not call for any interference in exercise of the powers conferred under Article 226 of the Constitution of India.
35) Accordingly, this writ petition being devoid of any merit, stands dismissed.
JUDGE Comparing Assistant