GAHC010000652026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/144/2026 CHAMPA MALAKAR D/O LATE SANJIT MALAKAR, R/O RELIEF YARD COLONY, LUMDING, P.O.

AND P.S- LUMDING, DIST.-HOJAI, ASSAM.

VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE GENERAL MANAGER, N.F.RAILWAY, MALIGAON, GUWAHATI- 781011

2:THE GENERAL MANAGER (P)

N.F.RAILWAY MALIGAON GUWAHATI-11

3:THE CHIEF PERSONNEL OFFICER N.F.RAILWAY MALIGAON GUWAHATI-11

4:THE DIVISIONAL RAILWAY MANAGER (P)

N.F. RAILWAY LUMDING DIVISION LUMDING DISTRICT- HOJAI ASSAM PIN- 782447

5:ADD. DIVISIONAL RAILWAY MANAGER N.F.RAILWAY LUMDING DIVISION LUMDING DISTRICT- HOJAI ASSAM PIN- 782447

6:THE SR. DIVISIONAL PERSONNEL OFFICER N.F.RAILWAY LUMDING DIVISION LUMDING DISTRICT- HOJAI ASSAM PIN- 782447

7:THE CHIEF MEDICAL SUPERINTENDENT N.F.RAILWAY LUMDING DIVISION DISTRICT- HOJAI ASSAM PIN- 782447

8:JUNIOR ENGINEER (ELECTRICAL)

(P)

N.F.RAILWAY LUMDING DIVISION DISTRICT- HOJAI ASSAM PIN- 78244 Advocate for the Petitioner : MR. P MAHANTA, A GOSWAMI,M DAS Advocate for the Respondent : DY.S.G.I., MR H GUPTA (CGC)(R1)

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 20-03-2026 Mr. A. Goswami, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC appearing for the Railway authority.

The petitioner in the present proceeding has raised a grievance with regard to the steps taken by the Railway respondents for evicting the petitioner from the quarter occupied by her without, however, resorting to the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

This Court vide order dated 09-01-2026 while issuing notice in the matter had directed that till the next date fixed if the respondents seeks to evict the petitioner then the same must be done by taking recourse of the provisions of the said Act of 1971. The Railway authorities by taking recourse to the liberty as granted by this Court had issued notice to the petitioner under Section 4 of the Act of 1971. The petitioner, thereafter, submitted representation against the same before the Estate Officer on 12-02-2026. The Estate Officer, thereafter, on considering the claims made by the petitioner, proceeded vide order dated 20-02-2026, invoking the provisions of Section 5 of the Act of 1971, to direct the petitioner to vacate the said premises within a period of 15 (fifteen) days from the date of publication of the order, with the further stipulation that in the event of refusal or failure to comply with the order within the period specified above, the petitioner would be liable to be evicted from the said premises, if need be, by use of such force as may be necessary.

The Estate Officer, now having passed the final orders in the matter by invoking the power conferred upon him under the provisions of the Act of 1971, the petitioner if aggrieved with the said order, is to assail the same before the competent court by invoking the provisions of Section 9 of the Act of 1971.

The petitioner having alternative efficacious remedy, this Court is of the considered view that the present writ petition would not mandate to be detained any further before this Court and can be disposed of by directing the petitioner, if so advised, to institute appropriate proceeding for assailing the order dated 20-02-2026, before the competent court by invoking the provision of Section 9 of the Act of 1971.

With the above observations and directions, present writ petition stands dismissed.

The interim order operating in the matter also stands vacated.

The instruction furnished by Mr. H. Gupta, learned CGC, before this Court is kept on record, marked as ‘X’ colli for the purpose of identification.

JUDGE Comparing Assistant