Gauhati High Court
Sujit Kr. Ghosh And 11 Ors vs The State Of Assam And 3 Ors on 25 January, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/7
GAHC010011082019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 215/2019
1:SUJIT KR. GHOSH and 11 ORS.
S/O. LT. INDRA MOHAN GHOSH, R/O. WARD NO.-14, STATION ROAD, P.O.
HOJAI, DIST. HOJAI, PIN-782435, ASSAM.
2: SRI TORMAL AGARWAL
S/O LT.
JOARWARMAL A GARWAL
R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI
PIN - 782435
ASSAM.
3: SRI RAKHI GHOSH
W/O SRI SUJIT GHOSH R/O WARD NO. 14
STATION ROAD
MANDIR BELTOLA P.O. HOJAI
DIST. HOJAI
PIN - 782435
ASSAM.
4: SRI GAUTAM GHOSH
S/O LT. RANJIT CH. GHOSH C/O GOBONDA BASTRLAYA R/O STATION
ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
5: SRI SANTOSH DAS
S/O LT. T.K. DAS C/O GOBONDA BASTRALAYA R/O STATION ROAD
P.O. HOJAI DIST. HOJAI PIN - 782435
ASSAM.
6: SRI SUDARSHAN DAS
Page No.# 2/7
S/O LT. AMULYA DAS R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
7: SRI BALAHARI BISWAS
S/O M. BISWAS R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
8: SRI AMIT RANJAN DAS
S/O LT. ABANI DAS R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.V
9: SRI SUNIL BANIK
S/O LT. MANI MOHAN BANIK R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
10: SRI MANIK SIL
S/O LT. GOPESWAR SIL @ LATE GOPI SIL
R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
11: SRI RAJKUMAR BHIMSHARIA
S/O LT. HIRA DEVI AGARWAL
R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
12: SRI NIRMAL BHIMSHARIA
S/O LT. DWARIKA BHIMSARIA R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM
VERSUS
1:THE STATE OF ASSAM and 3 ORS.
REP. BY THE COMMISSIONER and SECY. GOVT. OF ASSAM, REVENUE
DEPTT. SETTLEMENT, DISPUR, ASSAM.
Page No.# 3/7
2:THE SUB-DIVISIONAL OFFICER
DISTRICT- HOJAI
ASSAM.
3:THE DEPUTY COMMISSIONER
HOJAI
DIST. HOJAI
ASSAM.
4:THE ESTATE OFFICER
N.F. RAILWAY
LUMDING
DIST. HOJAI
ASSAM
Advocate for the Petitioner : MRS N SAIKIA
Advocate for the Respondent : SC, REVENUE
Linked Case : WP(C) 910/2016
1:SUJIT KR. GHOSH and 11 ORS.
S/O. LT. INDRA MOHAN GHOSH
R/O. WARD NO.-14
STATION ROAD
P.O. HOJAI
DIST. HOJAI
PIN-782435
ASSAM.
2: SRI TORMAL AGARWAL
S/O LT.
JOARWARMAL A GARWAL
R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI
PIN - 782435
ASSAM.
3: SRI RAKHI GHOSH
W/O SRI SUJIT GHOSH R/O WARD NO. 14
STATION ROAD
Page No.# 4/7
MANDIR BELTOLA P.O. HOJAI
DIST. HOJAI
PIN - 782435
ASSAM.
4: SRI GAUTAM GHOSH
S/O LT. RANJIT CH. GHOSH C/O GOBONDA BASTRLAYA R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
5: SRI SANTOSH DAS
S/O LT. T.K. DAS C/O GOBONDA BASTRALAYA R/O STATION ROAD
P.O. HOJAI DIST. HOJAI PIN - 782435
ASSAM.
6: SRI SUDARSHAN DAS
S/O LT. AMULYA DAS R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
7: SRI BALAHARI BISWAS
S/O M. BISWAS R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
8: SRI AMIT RANJAN DAS
S/O LT. ABANI DAS R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.V
9: SRI SUNIL BANIK
S/O LT. MANI MOHAN BANIK R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
10: SRI MANIK SIL
S/O LT. GOPESWAR SIL @ LATE GOPI SIL
R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
11: SRI RAJKUMAR BHIMSHARIA
Page No.# 5/7
S/O LT. HIRA DEVI AGARWAL
R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
12: SRI NIRMAL BHIMSHARIA
S/O LT. DWARIKA BHIMSARIA R/O STATION ROAD
P.O. HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
VERSUS
1:THE STATE OF ASSAM and 3 ORS.
REP. BY THE COMMISSIONER and SECY. GOVT. OF ASSAM
REVENUE DEPTT. SETTLEMENT
DISPUR
ASSAM.
2:THE SUB-DIVISIONAL OFFICER
DISTRICT- HOJAI
ASSAM.
3:THE DEPUTY COMMISSIONER
HOJAI
DIST. HOJAI
ASSAM.
4:THE ESTATE OFFICER
N.F. RAILWAY
LUMDING
DIST. HOJAI
ASSAM.
Advocate for the Petitioner : MS.L BORGOHAIN
Advocate for the Respondent : GA
ASSAM
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, Page No.# 6/7 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 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 23.12.2016, passed in I.A. (C) 2275/2016 in WP(C) 910/2016 and other connected cases had directed as follows:
"Accordingly, in the interim, it is directed that respondent No.4, the Estate Officer of the NF Railway shall not disturb the possession of the petitioners in the land and or evict the petitioners from the land, details of which has been stated hereinabove."
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) 4243/2018.
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 Page No.# 7/7 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 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