Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, J.
Arobinda Kalita S/o Late Yogeshwar Klaita And Ors – Appellants
Versus
The Union Of India And Ors - Respondents
WP(C) 2464 of 2024
Decided on : 16-05-2024
Public Premises Act - Land Dispute - Section 4, Section 5, Assam Land and Revenue Regulation, 1886 - The court discussed the provisions of the Public Premises Act, particularly Section 4 and Section 5, and the rights of landholders under the Assam Land and Revenue Regulation, 1886. The court emphasized the importance of following the principles of natural justice and the obligation of the Estate Officer to decide the proceedings in a fair and impartial manner.
Fact of the Case:
The petitioners sought to challenge eviction notices served upon them by the Estate Officer, N.F. Railway, under Article 226 of the Constitution of India. They claimed to be landholders of a plot of land and were in possession for a long period. The notices were issued under the Public Premises Act, stating that the petitioners were in unauthorized occupation of Railway land required for development work.
Finding of the Court:
The court found that the dispute regarding the status of the petitioners as landholders against the claim of unauthorized occupation by the Estate Officer should be decided by the Estate Officer following the principles of natural justice. The court dismissed the writ petition as premature, emphasizing that the petitioners should first respond to the show cause notice and participate in the proceedings before the Estate Officer.
Issues: The main issue was whether the writ petition challenging the eviction notices should be entertained or not, considering the dispute between the petitioners' claim as landholders and the claim of unauthorized occupation by the Estate Officer.
Ratio Decidendi: The court held that the petitioners should first respond to the show cause notice and participate in the proceedings before the Estate Officer. Any order passed by the Estate Officer under the Public Premises Act is appealable, and the principles of natural justice must be followed in deciding the proceedings.
Final Decision: The writ petition was dismissed as premature, and the court emphasized that the petitioners should participate in the proceedings before the Estate Officer and that any order passed by the Estate Officer is appealable.
JUDGMENT :
Heard Mr. S. Hoque, learned counsel for the petitioners and Mr. K. Gogoi, learned Central Government Counsel for all the respondents.
2. The petitioners, 6 [six] in nos., have joined together to institute the present writ petition seeking to invoke the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India to assail eviction notices, all dated 15.02.2024, served upon them by the respondent no. 4, that is, the Estate Officer, N.F. Railway, Rangia Division, Rangia.
3. The case projected by the petitioners, in brief, is that they are members of one family and their predecessors-in-interest were enjoying peaceful possession of a plot of land measuring 3 Bighas 2 Kathas 2 Lessas [03B-02K-02L], covered by Dag no. 1627 & Patta no. 49, situate at Revenue Village – Bartezpur, Mauza – Rampur, Palasbari Revenue Circle, District – Kamrup, Assam [‘the subject-plot’, for short] since long and the jurisdictional Mouzadar had/has been issuing land revenue receipts acknowledging receipt of land revenue from the predecessors-in-interest/petitioners. To substantiate such contention, the petitioners have annexed few of the land revenue receipts with the writ petition. It is the further case of the petitioner that the subject-plot measuring 3 Bighas 2 Kathas 2 Lessas [03B-02K-02L] had been mutated in favour of the petitioners and other member of the family by an Order dated 27.02.2022 passed by the Circle Officer in Mutation Case no. KAM/PAL/2021-22/10785/CONV. In the process, the subject-plot which was under annual patta earlier, has been converted into periodic patta with Dag no. 1627 and Patta no. 49. With such projections, the petitioners have claimed that they have the status of a land holder under Assam Land and Revenue Regulation, 1886 in so far as the subject-plot is concerned. The petitioners have claimed that they are in possession of the subject-plot for a long period of time.
4. The notices which have been served upon the petitioners by the respondent no. 4 in his capacity as the Estate Officer, N.F. Railway, Rangia, state that the said notices are issued under sub-section [1] and Clause [b][ii] of subsection [2] of Section 4 of the Public Premises [Eviction of Unauthorised Occupants] Act, 1971 [‘the Public Premises Act’, for short]. In the notices, the respondent no. 4 has mentioned that he is of the opinion, on the grounds specified therein, that the petitioners are in unauthorised occupation of the public premises mentioned in the Schedules therein and the petitioners should be evicted from those public premises. The grounds mentioned in the notices are similar and the grounds are : [1] that the land in question is a Railway land; [2] that the petitioners are unauthorisedly occupying the land; and [3] that, the Railway authorities require the land for development work. In the notices, the description of the plots of land which are under alleged unauthorised occupation of the petitioners, are shown as under :-
| Sl. No | Petitioner | Schedule |
| 1 | Petitioner no. 1 | An area of Railway Land measuring 43.68 Sqm. at Kukurmara, Km. 142/6-7 occupied by erecting unauthorised Semi Pucca structure[s] and being used for Residential purpose under Dakhin Sarubanswar [Rampur] mouza in the district of Kamrup [Assam] which is bounded by North-Vacate land, South-Railway Track, East-LHS Br. No. 678 and West-Bridge no. 676 on Kulsi River. And covered by Railway Plot No. 56 at Kukurmara, Km. 142/6-7. |
| 2 | Petitioner no. 2 | An area of Railway Land measuring 40.59 Sqm. at Kukurmara, Km. 142/6-7 occupied by erecting unauthorised Semi Pucca structure[s] and being used for Residential purpose under Dakhin Sarubanswar [Rampur] mouza in the district of Kamrup [Assam] which is bounded by North-Vacate land, South-Railway Track, East-LHS Br. No. 678 and West-Bridge no. 676 on Kulsi River. And covered by Railway Plot No. 55 at Kuk |
The main legal point established in the judgment is that the dispute between the petitioners' claim as landholders and the claim of unauthorized occupation by the Estate Officer should be decided by ....
Point of Law : Amended provisions of Rule 18 (2) of the Settlement Rules does not mandate issuance of any notice upon persons coming in the ambit of the said sub-rule. The petitioner are admittedly i....
Challenging a Show Cause Notice invoking a court's writ jurisdiction is premature and discouraged by the mandate of the law. A Show Cause Notice does not give rise to a cause of action unless there i....
The main legal point established in the judgment is that the petitioners failed to establish their title over the land and were in unauthorized occupation, leading to the dismissal of the petition.
An eviction notice issued without proper delegation of authority is invalid, necessitating adherence to procedural requirements under the relevant regulations.
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
The main legal point established in the judgment is the lack of authority of the Estate Officer and the maintainability of the writ petition under Article 226 of the Constitution of India.
Eviction notices pertaining to Government land must respect principles of natural justice, treating them as Show Cause Notices, allowing occupants to present their claims and ensuring personal hearin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
