J.B.PARDIWALA

1. By way of this petition under Article-227 of the Constitution of India the petitioner seeks to challenge judgment and order dated 31/5/2004 passed by the Joint District Judge, Fast Track Court, Surendranagar and there by allowed the Appeal filed by the respondents herein under Sec. 9(3) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1974 quashing and setting aside order dated 31st March, 2004 passed by the Estate Officer and Divisional Officer, Western Railway, Rajkot.

2. Facts shortly stated are as under :-

The respondents herein purchased land of City Survey Ward No.1 Nondh no.4673/A admeasuring 167.20 sq. mtrs vide Registered Sale Deed No.675 dated 26th February,2004 and on the very same day also purchased land admeasring 411.80 sq. mtrs of the said Survey number vide Registered Sale Deed No.676 dated 26th February,2004. The respondents herein thereafter started constructions on the land purchased by them vide registered sale deeds. It appears from the records that the petitioner herein i.e. Railways put-forward a claim that the land in question is of the ownership of Railways and the respondents have no right, title or interest over the s