Amit Rathi v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 52 of 2018 Amit Rathi S/o Shri Laxminarayan Rathi Aged About 35 Years R/o 35, Maitri Vihar Colony Dhamtari, District Dhamtari.

---- Appellant

Versus

1. Union Of India Through Chief Manager South East Central Railway, Garden Reach, Kolkata (West Bengal).

2. Senior Divisional Engineer (Works), South East Central Railaway Compound, W.R.S. Colony, Raipur Chhattisgarh.

3. State Of Chhattisgarh Through Collector Dhamtari Chhattisgarh.

4. Tahsildar, Dhamtari, District Dhamtari Chhattisgarh. ---- Respondents For Appellant : Shri Upendra Bharat, Advocate.

For Respondent/SECR : Shri H.S. Ahluwalia, Advocate.

For Respondent/State : Shri UNS Deo, Government Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Prashant Kumar Mishra, Judge Order on Board 07/08/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

Heard counsel for the parties and perused the order dated 10.11.2017 passed by the learned Single Judge.

2.

The learned Single Judge has dismissed the writ application refusing to interfere with the notice for eviction of the present Appellant from the Railway's property in question on the ground that the Appellant had already contested the issue before the civil court of competent jurisdiction and the suit was dismissed. Appeal against the said order also stood dismissed.

3.

In this background, the learned Single Judge came to an opinion that the writ is required to be dismissed on the principles of res judicata, if not constructive res judicata.

4.

The submission of counsel for the Appellant that notices can only be issued by the Estate Officer and not by any other officer of the Railways is a last ditch effort to get a foot hold to revive decided issues and continue over the land, which admittedly does not belong to him but to Union of India. 5.

The appeal has no merit. It is dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Prashant Kumar Mishra) CHIEF JUSTICE JUDGE Anu