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2016 Supreme(Jhk) 874

APARESH KUMAR SINGH
Baldev Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: M/s. Indrajit Sinha, Rahul Gupta, Jitendra Nath Upadhyay.
For the State : Mr. Md. Shadab bin haque.
For the Railways : M/s. Mahesh Tewari, Varun Prabhakar.

ORDER :

Aparesh Kumar Singh, J.

Petitioners came before this Court against the notices dated 10th March, 2016 and 11th March, 2016 issued by Senior Section Engineer, Land, South Eastern Railway, Tatanagar asking them to vacate the Railway land alleged to be occupied unauthorisedly by 17th March, 2016.

2. On 19th March, 2016 the following order was passed while granting time to the respondents to seek instructions in the matters:

“Learned counsel for the petitioners submits that in each of the individual writ petitions, petitioners have been served with a notice dated 10.03.2016 and 11.03.2016 issued by the Senior Section Engineer, Land, South East Railway, Tatanagar to vacate the Railway land alleged to be occupied unauthorisedly by 17.03.2016.

2. Notice is completely vague and does not contain any description of any plot, area, etc, therefore, it suffers from vagueness. Individual petitioners have made their assertion in the respective writ petitions about continuance over pieces of land since long. It is submitted that in any case, no proper proceeding has been initiated, if at all the allegation is of unauthorized occupation of the Railway land. Therefore, petitioners have approached














































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