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2026 Supreme(Online)(UK) 2148
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J
Ajay Kumar v. The Northern Railways
WPMS/ 2992/ 2023
Important Points
Subject
Civil - Property Law
Headnote
Issues: Whether a general eviction notice issued to the public at large, without identifying specific unauthorized occupants, is legally valid.
For the Appellants/Petitioners: Shobhit Saharia, R.S. Bisht
For the Respondents: N.K. Papnoi, V.K. Kaparuwan, Manoj Kumar
| Office Notes, reports, orders or proceedings | SL. No. | Date or directions and Registrar’s order with Signatures | COURT’S OR JUDGE’S ORDERS |
1. Mr. Shobhit Saharia & Mr. R.S. Bisht, Advocates for the petitioners.
2. Mr. N.K. Papnoi, learned Brief Holder for the State of Uttarakhand.
3. Mr. V.K. Kaparuwan & Mr. Manoj Kumar, Advocates for the Indian Railways.
4. By means of this writ petition, petitioners have sought the following relief:-
(i) Issue an appropriate Writ, Order or Direction in the nature of certiorari quashing the impugned Notices dated 05.10.2023 issued/served/pasted by the Respondent No. 2 (Annexure No. 1 to the writ petition).
5. Petitioners claim to be owner of immovable property situate at Jharipani, Mussorrie, District Dehradun. Senior Section Engineer (Works), Northern Railways, Dehradun issued a general notice, asking the persons in possession over the land belonging to Railways to vacate the land within 30 days, failing which they shall be evicted by use of force and shall be liable to pay the expenses incurred in removing them.
6. The impugned notice is enclosed as annexure 1 to the writ petition. The name of person, who is in unauthorised possession, is not mentioned in the notice and notice is issued to the public at large. The notice does not indicate the
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