Gauhati High Court
Page No.# 1/3 vs The Union Of India And 3 Ors on 30 January, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010018652025
2025:GAU-AS:1085
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/477/2025
MOBARAK ALI ALIAS MUBARAK ALI AND 6 ORS
S/O. USMAN GANI R/O. VILLAGE - NORTH-JALUKBARI DISTRICT -
KAMRUP (M) ,ASSAM PIN - 781014
2: RASHIDA BEGUM
W/O. KHASNUR ALI R/O. VILLAGE -NORTH-JALUKBARI DISTRICT
-KAMRUP (M)
ASSAM PIN -781014
3: KHASNUR ALI
S/O. FARMUJ ALI R/O. VILLAGE -NORTH-JALUKBARI DISTRICT -KAMRUP
(M)
ASSAM PIN -781014
4: MD SAMER ALI ALIAS CHAMIR ALI
S/O CHAHANUR ALI R/O. VILLAGE -NORTH-JALUKBARI DISTRICT
-KAMRUP (M)
ASSAM PIN -781014
5: LATIF BHUYAN
S/O. HAMED BHUYAN R/O. VILLAGE -NORTH-JALUKBARI DISTRICT
-KAMRUP (M)
ASSAM PIN -781014
6: KADBHANU BEGUM
W/O. ARAN ALI R/O. VILLAGE -NORTH-JALUKBARI DISTRICT -KAMRUP
(M)
ASSAM PIN -781014
7: ABDUL AZIZ
S/O LATE SAMSHER ALI R/O. VILLAGE -NORTH-JALUKBARI DISTRICT
-KAMRUP (M)
ASSAM PIN -78101
Page No.# 2/3
VERSUS
THE UNION OF INDIA AND 3 ORS
REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON,
GUWAHATI, ASSAMPIN-781011
2:THE ESTATE OFFICER
N.F. RAILWAY
MALIGAON
GUWAHATI
ASSAM PIN-781011
3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
DISPUR
GUWAHATI-06
ASSAM
4:THE DEPUTY COMMISSIONER
KAMRUP(METROPOLITAN)
LICHUBAGAN
HENGRABARI
GUWAHATI- 781036
ASSAM
Advocate for the Petitioner : SIRAJ CHOUDHURY, PANKAJ DAS,B ALI SK,MS. S
SULTANA,MR P R SARMA
Advocate for the Respondent : DY.S.G.I., GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
30.01.2025
Heard Mr. P.R. Sarma, learned counsel for the petitioners; Mr. K. Gogoi, learned Central
Government Counsel [CGC] for the respondent nos. 1 & 2; Ms. P.R. Mahanta, learned
Standing Counsel, Revenue & Disaster Management Department for the respondent no. 3;
and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent
no. 4.
2. The instant writ petition under Article 226 of the Constitution of India is preferred to
Page No.# 3/3
assail Judgments, dated 21.12.2024 & dated 06.01.2025, passed by the learned District
Judge, Kamrup [M] in misc. appeals, Misc. Appeal no. 31/2024; Misc. Appeal no. 12/2024;
Misc. Appeal no. 9/2024; Misc. Appeal no. 10/2024; Misc. Appeal no. 33/2024/2024; Misc.
Appeal no. 32/2024; and Misc. Appeal no. 4/2024.
3. The aforesaid judgments have been passed by the learned District Judge, Kamrup [M],
Guwahati in appeals preferred under Section 9 of the Public Premises [Eviction of
Unauthorised Occupants] Act, 1971. The law is settled by a line of decisions including Radhey
Shyam and another vs. Chhabi Nath and others, [2015] 5 SCC 423; Life Insurance
Corporation of India vs. Nandini J. Shah and others, [2018] 15 SCC 356; and Municipal
Corporation of Greater Mumbai and others vs. Vivek V. Gawde etc., [2024] SCC OnLine SC
3722; to the effect that an order passed by the learned District Judge as an Appellate Officer
is an order of the civil court and can, therefore, only be challenged under Article 227 of the
Constitution of India and not under Article 226 of the Constitution of India. It has been
further observed that a writ of certiorari is not available in a proceeding challenging a
judgment passed by the learned District Judge under Section 9 of the Public Premises
[Eviction of Unauthorised Occupants] Act, 1971 and such a challenge is to be dismissed at
the threshold.
4. In view of such fact situation, Mr. Sarma, learned counsel for the petitioners has
submitted that he may be permitted to withdraw the writ petition, with liberty to avail
appropriate remedy.
5. In view of the above submission made by Mr. Sarma, learned counsel for the
petitioners, the writ petition is allowed to be withdrawn, with liberty to seek appropriate
remedy.
JUDGE
Comparing Assistant
