Page No.# 1/3 vs The Union Of India And Anr
2023 Latest Caselaw 3123 Gua

                                                              Page No.# 1/3

GAHC010052312021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/1838/2021

         RADHAKANTA SINHA AND 5 ORS
         S/O LATE KRISHNADHAN SINHA
         RESIDENT OF EAST GOTANAGAR, MALIGAON HILL SIDE, NEAR PHANI
         SARMA GOAL PARK, GUWAHATI 781011, DIST KAMRUP M ASSAM

         2: SMTI GOPA SINGHA
         W/O LATE SUKHMOY SINGHA
         RESIDENT OF EAST GOTANAGAR
          MALIGAON HILL SIDE
          NEAR PHANI SARMA GOAL PARK
          GUWAHATI 781011
          DIST KAMRUP M ASSAM

         3: SRI SRIMANTA SINGHA

         S/O SRIPATI SINGHA
         RESIDENT OF EAST GOTANAGAR
         MALIGAON HILL SIDE
         NEAR PHANI SARMA GOAL PARK
         GUWAHATI 781011
         DIST KAMRUP M ASSAM

         4: JAYKRISHNA SINGHA
          S/O JAGATJYOTI SINGHA
         RESIDENT OF EAST GOTANAGAR
          MALIGAON HILL SIDE
          NEAR PHANI SARMA GOAL PARK
          GUWAHATI 781011
          DIST KAMRUP M ASSAM

         5: SMTI PUSHPANJALI SINHA
         W/O LATE MADHUSHUDAN SINHA
         RESIDENT OF EAST GOTANAGAR
          MALIGAON HILL SIDE
                                                                        Page No.# 2/3

           NEAR PHANI SARMA GOAL PARK
           GUWAHATI 781011
           DIST KAMRUP M ASSAM

          6: SMTI MAMANI PATAR
          W/O LATE PUNESWAR PATAR

          RESIDENT OF EAST GOTANAGAR
          MALIGAON HILL SIDE
          NEAR PHANI SARMA GOAL PARK
          GUWAHATI 781011
          DIST KAMRUP M ASSA

          VERSUS

          THE UNION OF INDIA AND ANR
          REPRESENTED BY THE GENERAL MANAGER, NF RAILWAY MALIGAON,
          GUWAHATI 781011 DIST KAMRUP M ASSAM

          2:THE ESTATE OFFICER

           NF RAILWAY

          MALIGOAN
          GUWAHATI 781011
          DIST KAMRUPM ASSA

For the Petitioners              : Mr. D.K. Sarmah, Advocate.

For the Respondents              : Mr. B.K. Das, Advocate, Railways.

                                   BEFORE
                 HONOURABLE MR. JUSTICE DEVASHIS BARUAH
                                   ORDER

14.08.2023

Mr. B.K. Das, the learned counsel appearing on behalf of the Railways has drawn the attention of this Court to the judgment of the Supreme Court in the case of Life Insurance Corporation of India Vs. Nandini J. Shah and Ors. reported in (2018) 15 SCC 356 Page No.# 3/3

wherein it was held that a proceedings under Article 226 of the Constitution is not maintainable against an Appellate Order passed by the learned District Judge, Kamrup(M), Guwahati in exercise of the powers under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The learned counsel submits that the Petitioner ought to have approached this Court under Article 227 of the Constitution.

2. This Court have perused the judgment rendered in the case of Nandini J. Shah (supra) and is of the opinion that the instant writ petition is not maintainable under Article 226 of the Constitution. Accordingly, this Court taking into account that as the issue involved herein relates to life and livelihood of the Petitioners, this Court directs the Registry to re-register the instant writ petition as a proceedings

under Article 227 of the Constitution and list the matter on 13 th of September, 2023.

3. The interim order passed earlier shall continue till then.

JUDGE

Comparing Assistant