Yogendra Singh Chabra v. The Senior Superintending Engineer

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C) No. 403 of 2016 Yogendra Singh Chabra S/o Late Kartar Singh, aged about 65 years, Add-Industrial Ward, P.O. Dhamtari, District Dhamtari (C.G.) ---- Petitioner

Versus

1. The Senior Superintending Engineer, South East Railway Management Compound, W.R.S. Colony, Raipur (C.G.)

2. The Estate Officer, South East Railway, Management Compound, W.R.S. Colony, Raipur (C.G.)

3. Union of India, through Chief Manager, South East Central Railway, Garden Reach, Kolkata, West Bengal ---- Respondents For Petitioner :

Shri Ankit Singhal, Advocate For Respondents :

Shri Abhishek Sinha, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 12/02/2016 At the outset, counsel appearing for the parties submit that similar writ petitions, leading among them being W.P.(C) No.110 of 2016 have already been disposed of by the Co-ordinate Bench vide order dated 18.01.2016 with a direction to the Sub Divisional Officer ®, Dhamtari to ascertain the area belonging to the Railway and that of the State by demarcating the same while reserving the right of the Railway authorities thereafter to proceed further in accordance with law. They submit that the present writ petition may also be disposed of in like term.

2.

Counsel appearing for the Railway submits that in another writ petition i.e. W.P.(C) No. 324/2016 decided on 10.02.2016, the order dated 18.01.2016 passed in W.P.(C) No. 110 of 2016 has

been modified to the extent that the demarcation in respect of the petitioners' property therein shall also be simultaneously conducted within the same period as prescribed in the order dated 18.01.2016. Therefore, in the case of the present petitioner also, the same analogy may be applied and the petition may be disposed of. 3.

Counsel appearing for the petitioner does not have any objection in this regard.

4.

Accordingly, the present writ petition also stands disposed of in the light of the directions given by the Co-ordinate Bench in W.P. (C) No.110 of 2016 and other analogous matters decided on 18.01.2016 with the only modification that the proceedings of demarcation in respect of the present petitioner's property shall also be simultaneously conducted within the same period as stipulated in the said order dated 18.01.2016.

5.

The writ petition is accordingly disposed of. Sd/- (P. Sam Koshy) JUDGE Bhola