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2019 Supreme(Chh) 1010

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
BHANWAR SEN MOGARE – Appellant
Versus
UNION OF INDIA THROUGH SECRETARY DEPARTMENT OF RAILWAY NEW DELHI (INDIA) (WRONGLY MENTIONED AS NAYA RAIPUR – Respondent


Advocates Appeared:
Kishore Narayan, Advocate, Vivek Ranjan Tiwari, Advocate, B. Gopa Kumar, Advocate, Abhishek Sinha, Advocate, H.B. Agrawal, Advocate, Pankaj Agrawal, Advocate, A.S. Kachhawaha, Advocate, Pushpa Dwivedi, Advocate

JUDGMENT

Parth Prateem Sahu, J. - Since all the three writ appeals are arising out of common order dated 28.01.2016 passed by learned Single Judge in Writ Petition (C) Nos.810 of 2015 and 1893 of 2015, they were heard together and decided by this common judgment.

2. Brief facts for disposal of these appeals are that the Appellants have raised construction on land situated at Bapu Nagar Area, Ward No.64, Bilaspur, which belongs to Indian Railways. The Appellants have constructed accommodations over the encroached lands. The Respondent-Railways had issued notice on different dates for removing unauthorized constructions over the Railway property. The issuance of notice for removing unauthorized constructions over the Railway property made the Petitioners to approach the High Court by way of filing the writ petitions under Article 226 of the Constitution of India with following reliefs:-

"10.(1) Issue a writ of prohibition or any other appropriate writ directing the respondents to not to demolish the houses of the petitioner and not to evict the petitioners from their land in possession.

10.(2) Pass an order directing the respondents to regularize the holding of land possession by wa

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