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2022 Supreme(Jhk) 1225

SUJIT NARAYAN PRASAD
Shaila Devi @ Shaila Kumar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.P. Singh, Mr. Bhaiya Vishwajeet Kumar, Mr. Ranjeet Kumar, Advocate
For the Respondents: Mr. Vikash Kumar, C.G.C.

JUDGMENT :

This writ petition is filed under Article 227 of the Constitution of India for quashing of the order dated 29.09.2011 passed by the Estate Officer, S.E. Railway, Chakardharpur in EC No.66/1978 holding the petitioners unauthorized occupants of a total area measuring 3740 Sq. Ft. (68 Sq. Ft x 55 Sq. Ft) of the land in Plot No.1, Khata No.14, Thana No.1162 in Mouza Susnigaria, which is of South Eastern Railway and thereby, the ordered to vacate the said premises within 15 days from the date of publication of the order. Further, prayer has been made for quashing of the order dated 2nd April, 2013 passed by the District Judge-III, East Singhbhum at Jamshedpur in Misc. Appeal No.17/2011, by which, the order passed by the Estate Officer dated 29.09.2011 in EC No.66/1978 has been affirmed.

2. The brief facts of the case, as per the pleading made in the petition, which required to be enumerated read as under:-

It is the case of the petitioners that one Akhilesh Prasad Singh, deceased husband of the petitioner no.1 and father of petitioner no.2 was served with a notice dated 06.05.1978 under Section 4(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (hereinaf

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