DILSHAD PARVEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) Feeling aggrieved by Order of Eviction passed by Estate Officer under Public Premises (Eviction of Unauthorized Occupants) Act, 1971, petitioner filed an appeal before District Magistrate, Nainital, which is registered as Eviction Appeal No. 2 of 2022. Petitioner filed an application for interim relief in the said appeal on which, vide order dtd. 21/2/2022 learned District Judge issued notice to the respondents fixing 2/3/2022 and also transferred the file to IInd Additional District Judge, Haldwani. Since respondents were not served, therefore, learned IInd Additional District Judge, Haldwani vide order dtd. 1/4/2022 directed for issuance of fresh notice, fixing 25/4/2022. Petitioner has challenged these two orders in this writ petition.

(2.) Learned counsel for the petitioner contends that Railway Authorities are proceeding to evict petitioner from the land in question, therefore, learned Appellate Court ought to have passed interim order in favour of the petitioner in the pending appeal. He further submits that if petitioner is evicted from the land in question, pursuant to order passed by Estate Officer, then the very purpose of filing appeal would be lost.

(3.) Mr. Rakesh Thapliyal, Senior Advocate appearing for Northern-Eastern Railways (respondent nos. 2 and 3) submits that as per his instructions, notice in respect of the pending appeal has now been served upon Railway Authorities. He assures the Court that objection to the interim relief application, if any, shall be filed by Railway Authorities before Appellate Court, on or before 24/4/2022 so that petitioner's prayer for interim relief may be considered on the date fixed i.e., 25/4/2022. He further assures that Counsel for Railways shall remain present before the Appellate Court on the date fixed in the matter.