Manish Kumar v. The D.R.M. Eastern Railway

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9856 of 2022 ====================================================== Manish Kumar S/o- Ram Bilash Prasad, Resident of Mohalla- Piri Bazar, P.O. and P.S.- Piri Bazar Abhaypur, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The D.R.M. Eastern Railway D.R.M. Office Malda, 249- JW3H Malda, West Bengal.

2.

The General Manager, Eastern Railway, Kolkata G.M. Office, E.R. 17 Netaji Subhash Chandra Road, Eastern Railway, Kolkata. 3.

The Estate Officer, Eastern Railway, Malda Town (Engineer-3). 4.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

5.

The District Magistrate, Lakhisarai.

6.

The Superintendent of Police, Lakhisarai.

7.

The Sub- Divisional Officer, Lakhisarai Sadar, District- Lakhisarai. 8.

The Block Development Officer, Surajgarha, District- Lakhisarai. 9.

The Circle Officer, Surajgarha Anchal, District- Lakhisarai. 10.

The S.H.O. Piri Bazar Police Station, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Sri Nandan Pd. Singh, Advocate :

Ms. Prakritita Sharma, Advocate :

Kumar Sameer, Advocate :

Mr. Atul Prakash, Advocate For the Respondent/s :

Mr. Awadhesh Kr. Pandey, Sr. Panel Counsel :

Mr. Ravinder Kr. Sharma (C.G.C.) :

Mr. Saket Anand, Advocate For State :

Mr. N.H. Khan (SC 1) :

Ms. Babita Kumar, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-07-2022 The present writ petition has been filed for setting aside the notice of eviction/ demolition dated 04.02.2022, whereby and whereunder the respondent no. 3 i.e. the Estate Officer, Eastern Railway, Malda Town has directed the petitioner to vacate the premises mentioned in the said notice,

Patna High Court CWJC No.9856 of 2022(2) dt.20-07-2022 2/3 within a period of 30 days.

The learned counsel for the petitioner has submitted that the land in question was purchased validly and he is having right, title and interest as also possession over the same, however an opportunity of hearing/ filing objection be granted to the petitioner before taking any coercive action. The learned counsel for the respondent- Railways has submitted that by a notice dated 30.12.2021, the petitioner was called upon to file his objection/ show cause reply, however no show cause reply was submitted by the petitioner, hence the same has led to issuance of the eviction notice dated 04.02.2022, nonetheless, if this Court directs, the respondent no. 3 shall consider the show cause reply to be filed by the petitioner and appropriate orders shall be passed.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioner to file appropriate show cause reply, within a period of 03 weeks from today, before the respondent no. 3 i.e. the Estate Officer, Eastern Railway, Malda Town and in case, such a show cause reply is filed, the Estate Officer, Eastern Railway, Malda Town shall consider the same and pass appropriate orders, in accordance with law.

Patna High Court CWJC No.9856 of 2022(2) dt.20-07-2022 3/3 matter, the notice dated 04.02.2022 stands annulled, however, the same shall stand automatically revived in case, no show cause reply is filed by the petitioner within a period of 03 weeks from today. It is needless to state that status quo existing as on today, shall be maintained, in case the petitioner files show cause reply within a period of 03 weeks from today, till the Estate Officer, Eastern Railway, Malda Town takes a final decision in the matter.

(Mohit Kumar Shah, J) rinkee/- U