THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Union of India, Represented by the Secretary to the Govt. of India, Ministry of Railways – Appellant
Versus
Vanlallura, S/o. Vanlalhlua – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. S. K. Medhi, learned counsel for the petitioners. Also heard Mr. L.H. Lianhrima, learned Senior Counsel, assisted by Ms. R. Lalruatfeli, learned counsel for the respondent Nos. 1 to 7; and Ms. Linda L. Fambawl, learned Addl. Advocate General for the respondent Nos. 8 and 9.
2. In this petition, under Article 226 and 227 of the Constitution of India, the petitioners have challenged the order dated 22.11.2022, passed by the District Collector, Kolasib, in connection with the application filed by the respondent Nos. 1 to 7 (Annexure-F) and also the consequential letter of assessment of District Collector, Kolasib, dated 23.11.2022 (Annexure-G).
3. The background facts, leading to filing of the present petition, are briefly stated as under:
“The respondent Nos. 1 to 7 are the land owners of the land acquired for construction of new Railway Line by N.F. Railways from Bairabi to Sairang. Thereafter, notification under Section 4 of the LAND ACQUISITION ACT , 1894 (‘Act of 1894’, for short) was issued by the Government of Mizoram, Revenue Department, vide Memo No. Κ.12011/25/2011-REV, dated 02.08.2011. Thereafter, declaration under Section 6 of the Act of
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Judicial orders of civil courts are not amenable to writ jurisdiction under Article 226; appropriate recourse lies in filing appeals when statutory rights to appeal exist.
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