Puniram Hazarika vs Union Of India And 3 Ors
2023 Latest Caselaw 847 Gua

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GAHC010039812023




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

                           Case No. : WP(C)/1098/2023

         PUNIRAM HAZARIKA
         SON OF LATE GULAP HAZARIKA,
         RESIDENT OF KHUMTAI HAUTALI,
         P.O.- KHUMTAI,
         DISTRICT- GOLAGHAT, ASSAM.



         VERSUS

         UNION OF INDIA AND 3 ORS
         REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY,
         MALIGAON, GUWAHATI- 11.
         DISTRICT- KAMRUP(M), ASSAM.

         2:THE ESTATE OFFICER
          N.F. RAILWAY
         TINSUKIA
          P.O.- TINSUKIA

         PIN- 786125
         DIST.- TINSUKIA

         ASSAM.

         3:THE DIVISIONAL MANAGER
          N.F. RAILWAY
         TINSUKIA
          P.O. AND P.S.- TINSUKIA

         DIST.- TINSUKIA
         ASSAM

         PIN- 786125.
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            4:THE DEPUTY COMMISSIONER
             GOLAGHAT
             DISTRICT- GOLAGHAT
            ASSAM

            P.O- GOLAGHAT
             PIN- 785621

Advocate for the Petitioner   : MR. T J MAHANTA

Advocate for the Respondent : DY.S.G.I.




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

01.03.2023

Heard Shri T.J. Mahanta, learned Senior Counsel assisted by Ms. P. Bhattacharya, learned counsel for the petitioner.

The petitioner is aggrieved vide a judgment dated 30.01.2023 passed by the Addl. District Judge, Golaghat in Title Appeal No. 03/2016 which was preferred against an order of eviction dated 29.07.2016. The eviction order was apparently under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and the appeal was preferred accordingly under Section 9 (2) (a) of the said Act.

The learned Addl. District Judge, Golaghat, however has observed that the eviction process should not have been under Section 5A but under Section 5 and therefore no appeal is prescribed under Section 9 of the Act.

Issue notice of motion, returnable on 31.03.2023.

Ms. A. Gayan, learned C.G.C. accepts notice on behalf of the respondent nos. 1, 2 & 3 and Ms. S. Sharma, learned State Counsel accepts notice on behalf of the respondent no. 4.

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Extra copies of the writ petition be served upon the learned counsel for the respondents.

Heard the learned counsel on the interim prayer.

Till the returnable date, it is directed that no coercive action be taken against the petitioner in respect of the land under his occupation.

JUDGE

Comparing Assistant